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Alkesh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5877 of 2006 [2006] RD-AH 9156 (9 May 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No. 54


Alkesh Vs. State of U.P.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri Nitin Srivastava, learned counsel for the applicant, Sri Vijay Prakash Advocate for the complainant and learned A.G.A. for the State.

Counter and rejoinder affidavits have been exchanged between the parties.

The applicant is husband. He was married to the deceased on 21.2.2003. According to the first information report, the applicant, father, mother and other family members made constant demand of Rs. One lac cash and Fridge. On 8.6.2005, a new fridge was given and Rs. 60,000/- on 28.7.2005 after withdrawing the money from the Central Bank Mawana. Still Rs. 40,000/- in cash remained to be paid. On account of this reason, the deceased was given severe beating and an attempt was made to hang her but during the process, villagers came to know about it and immediately she was rescued and taken down and got her admitted in Military Hospital, Meerut on 14.8.2005. She succumbed to the injuries on 16.8.2005. The information about her death was received through unknown persons and complainant on receipt of the aforesaid information, lodged a report on 19.8.2005.

The submission on behalf of the applicant is that the first information report is delayed by two days and learned counsel for the applicant has tried to place before me a number of certificates issued by doctor to substantiate that she died a natural death. Annexure-3 is a case summary given by the doctor dated 20.8.2005 subsequent to the death of the deceased. Great emphasis has been laid on the report that the patient suffered sudden cardiac arrest soon after admission. All these reports are subsequent to the death of the deceased. The statement of the doctor however shows that the clotting on the throat are on account of injuries caused to her and the deceased could not breath properly before her death, is on account of the injuries which resulted in ''Submandibler Hematoma'. The statement of Major Subhash Nath, Dr. S. Thapa, Dr. Ashok Kumar have been placed before me which do not rule out the possibility that the deceased died on account of ante-mortem injuries caused in the house of the applicant. The demand of dowry was made constantly and much of demand was fulfilled soon before the occurrence. Besides, the death occurred within seven years of marriage. No case for bail is made out. The bail application is rejected.




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