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DR. WASIM AHMAD versus STATE OF U.P

High Court of Judicature at Allahabad

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Dr. Wasim Ahmad v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. - 6463 of 2007 [2007] RD-AH 16025 (26 September 2007)

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).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 48

Criminal Misc. Bail Application No. 6463 of 2007

Wasim Ahmad versus State of U.P.

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Hon'ble B.A. Zaidi, J.

1.Applicant Dr. Wasim Ahmad has come to this Court for bail in Case Crime No. 31 of 2007 under Sections 306 I.P.C. Police Station Gaur District Basti.

2.Heard Sri Vivek Prasad Mathur, learned counsel for the applicant and Sri S.D. Tripathi, Addl. Government Advocate for the State.

3.The applicant became very friendly with, the family of deceased girl Meera aged about 22 years. He developed intimacy with the deceased girl, and was enjoying regular physical relationship with her, but from the facts and circumstances, it appears that the girl became pregnant and insisted on solemnisation of marriage. He backed out.

4.It is not clear whether accused had caused her death to get rid of her, or she committed suicide, due to frustration or due to denial and delaying tactics of the accused, in getting married. Though the charge-sheet has been given, by the Investigating Officer under section 306 I.P.C., and, in the opinion of the Investigating Officer, the girl committed suicide, which becomes evident from the fact, that she laid on the track, and was run over by the train.

5.Whether it is a case of 'Homicide' or 'Suicide' is a matter, which is to be decided after the evidence. But even assuming, it is a case of suicide, it is manifest that it was breach of promises, faith and trust, which led the girl to commit suicide.

6.In the circumstances, there is hardly any scope for doubt, that it is the accused-applicant, who is prima-facie responsible, for her death.

7.A growing young girl in her twenties is no more, and prima-facie her death has been occasioned because of deceit and fraud and non-fulfilment of promises, made by him. He should be made to suffer for the same. We register a categorical denial for bail.

8.Application for bail rejected.

Dated : 26.9.2007

SU. 6463-07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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