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Kashi Gupta v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10915 of 2005  RD-AH 3872 (3 October 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Accused applicant Kashi Gupta son of Budhram Gupta has prayed for release on bail in case crime no. 157 of 2005 under Sections 323, 304 IPC, P.S. Ramkola, District Kushinagar.
Prosecution case is that Smt. Bindrawati was married to the accused. There were some difference between them and thereafter she married with Isthaqk. In a Panchayat held on 21.4.2005 she showed the papers of the Court marriage and this annoyed the accused who started beating his wife Smt. Bindrawati with Danda and also kicked her; even his son Santosh assisted his father, the accused applicant. When people intervened the accused dragged Smt. Bindrawati to his house where she died after some time at that time Ishtaq was also beaten by the accused.
The post-mortem report shows that Smt. Bindrawati died as a result of asphyxia on account of strangulation. She had several contusions on her body.
The contention of learned counsel for the applicant is that the accused has been falsely implicated in this case and that even if the prosecution case is to be believed, it was a case of sudden provocation.
Learned A.G.A. has contended that it was in the knowledge of the accused that Smt. Bindrawati was living with Ishtaq as his wife and a panchayat was held in which accused and his son beat her and also dragged her to their house. On this basis he has contended that it is not a case of sudden provocation.
The contention of the learned counsel for the applicant is that post mortem report does not show any injury caused by dragging on the body of the deceased, but this contention cannot be accepted at this stage.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case accused is not entitled to bail and application is liable to be rejected.
Bail application of the accused named above is hereby rejected.
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