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Pooran Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22193 of 2004  RD-AH 1809 (1 August 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The accused Pooran Singh has prayed for release on bail in Crime No. 286 of 2004 under Sections 304 IPC, P.S. Kotwali, District Mathura.
Prosecution case is that Smt. Guddi was married to accused applicant about 18 years prior to the incident. The F.I.R. shows that of late accused had developed bad habits and had illicit relations with bad ladies. This was objected by Smt. Guddi and this was the bone of contention between the two. Accused used to beat and threaten Smt. Guddi. In the night of 16/17-4-2004 at 8.15 p.m., Ram Swaroop came to the house of the deceased and saw that the accused had slapped her and had also pressed her neck as a result of which she died. At that time Ram Swaroop ran away from the place and informed the complainant on 17.4.2004 at 5.30. a.m.. The complainant also came to the matrimonial house of Smt. Guddi and found that in order to give colour of suicide to the incident, the Dhoti was tied on the neck of Guddi and the other end was tied on a peg in the wall. The complainant lodged the report after the post mortem examination and the funeral rites were performed.
Learned counsel for the applicant has contended that the deceased was herself of bad habits and the accused was living separately for about one year. He further contended that the deceased had five children and presence of any children of the deceased has not been mentioned in the F.I.R.. He further contended that the children were living with the accused in a separate house. He has further contended that the prosecution story is not probable and had Ram Swaroop or the complainant been present as alleged by them, the information to the Police must have been given by them. In this case, the information about the dead body was given by one Dinesh s/o Ganga Singh and on that basis inquest was prepared. The prosecution has also not explained the delay in lodging the report as contended by learned counsel for the applicant.
In the circumstances of the case, and without prejudice to the merits of the case, the accused is entitled to bail.
Let the applicant Pooran Singh involved in case crime no. 286 of 2004 under section 304 IPC P.S. Kotwali, District Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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