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PRABHU & ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

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Prabhu & Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5081 of 2005 [2005] RD-AH 3695 (29 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

Reserved

Criminal Misc. Bail Application No. 5081 of 2005

Prabhu and another Vs. State of U.P.

Hon'ble Ravindra Singh,J

Heard Sri Manoj Kumar Tripathi, learned counsel for the applicants and the learned A.G.A.

This application has been filed by the applicant Prabhu and Devi Ahirwar with the prayer that they may be released on bail in case Crime No. 137 of 2005 under sections 354,306,506 I..P.C.P.S. Raksha district Jhansi.

From the perusal of the record it reveals that in the present case an F.I.R. was lodged by Sri Ramesh Ahirwar on 20.2.2005 at 1.05 P.M. alleging therein that on 13.2.2005 at about 4.30 P.M. the deceased Km. Arti  aged about 14 years was present at her house. The applicants entered into the house and outraged her modesty. She was fell down on the earth and they were scuffling with her.  In the meantime Smt. Sangeeta daughter in law of the first informant came there who exhorted the accused persons. Thereafter Jamuna and Ganesh also came there. They tried to apprehend the applicants but they successfully   ran  away from there but being victim of a shameful act Km. Arti was not in a position to show her face  in the society. The first informant tried to cool down her but on 14.2.2005 at about 10 A.M. she took some poison. Consequently her condition deteriorated and she was taken to the hospital where she died. Thereafter the  F.I.R.  was lodged

It is contended by the learned counsel for the applicants that in the present case no F.I.R. was lodged against the applicants in respect of the allegation of outraging modesty of the deceased. The F.I.R. is delayed. It was lodged after thoughtful consultation  and the deceased committed suicide due to some  other reasons but the applicants have been falsely implicated due to ill will of first informant.

It is opposed by the learned A.G.A. who submitted that such delay in lodging the F.I.R. is not material and the deceased who was a minor girl committed suicide because her modesty was outraged by the applicants. It is sufficient ground for abetting the deceased to commit suicide.

Considering the facts and circumstances of the case without expressing any opinion on the merit of the case the applicants are not entitled to bail  at this stage.

Accordingly this application is rejected.

Dt. 29.9.2005

N.A.


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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