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RAM SUCHIT versus STATE OF U.P.

High Court of Judicature at Allahabad

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Ram Suchit v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9145 of 2005 [2005] RD-AH 3523 (24 September 2005)

 

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 OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard learned counsel for the applicant,  learned A.G.A. and perused the record.

Accused applicant Ram Suchit son of Bhullar has prayed for release on bail in case crime no. 62344004005 of 2005 under Sections 498 A, 304 B IPC and Section ¾ D. P. Act, P.S. Industrial Area, District Allahabad.

Prosecution case is that smt. Seema sister of the complainant Suraj was married to the accused applicant about  three years prior to the incident. Dowry was given at that time but the accused demanded motorcycle and some money in cash and when it could not be given she was ill-treated and harassed. Panchayat was also held and accused had promised not to harass her but the harassment continued. On 3.1.2005 the informant was told by the son of his maternal uncle that his sister was killed by her in-laws and was hanged. When the complainant came to her matrimonial house, he found that dead body was kept on cot. He lodged the report    same day at 7.45 p.m. Thereafter inquest was prepared on the information given by the complainant.

Post mortem report shows that deceased had contusion on right elbow, contusion on back of right scapula and a ligature mark of 18 cm x ¾ cm on the front and antero lateral aspect of neck crossing thyroid cartilage. There was gap of 13 cm  in the back. Cause of death has been mentioned as asphyxia as a result of hanging.

Learned counsel for the applicant has contended that the applicant has been falsely implicated in this case and Smt. Seema committed suicide due to frustration. He has further contended that the deceased wanted to live luxuriously and the accused could not afford it and therefore she committed suicide. Learned A.G.A. has contended that the deceased had a son and there was no reason for her to commit suicide. Both the parties belong to labour class and in the circumstances, there was no question of her demanding any luxurious living.

Learned counsel for the applicant has contended that marriage had taken place about seven years prior to the incident but it appears that in the trial court applicant did not take this case and no evidence to that affect has been filed.

In the circumstances of the case, but without prejudice to the merits of the case, accused is not entitled to bail and his application is liable to be rejected.

Bail application of the accused is hereby rejected.

However,  learned Trial Court is directed to expedite the hearing of the case and proceed under Section 309 Cr.P.C. It is expected that the accused shall cooperate in speedy trial. Learned Trial Court shall make every effort to conclude the trial within a period of three months from the date of receipt of this order. Learned Trial Court is further directed to take coercive steps against the witnesses if necessary to ensure their presence.

Copy of this order be sent to learned Trial Court within a week.

Dated : 24.9.2005

RKS. 9145/05


Copyright

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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