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DHARMENDRA JAISWAL versus STATE OF U.P.

High Court of Judicature at Allahabad

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Dharmendra Jaiswal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 2681 of 2005 [2005] RD-AH 4398 (19 October 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 counsel for the complainant, learned A.G.A. and perused the record.

Accused applicant Dharmendra Jaiswal son of Shri Arun Kumar Jaiswal has prayed for release on bail in case Crime No. 53 of 2004 under Sections 498-A, 304 B and 323 IPC and Section 3/4 D.P. Act. P.S. Muthiganj, District Allahabad.

Prosecution case is that Smt. Anjali Jaiswal was married with the accused applicant in April, 2000 and dowry was given at the time of marriage but it could not satisfy the accused persons hence she was asked to bring more dowry and was harassed and ill treated. On 2.3.2004 at about 1.30 p.m., the complainant Rakesh Kumar who is the brother of Smt. Anjali was informed by some one on Mobile of Sri Surya Prakash Jaiswal, his uncle that his sister was beaten and then hanged and killed. He was also informed that she was taken to S.R.N. Hospital, Allahabad, when the complainant and others went there they found the dead body with injuries on her neck and right elbow.

Post mortem report shows that the deceased received ligature mark 30 cm X 1 cm on middle part of neck, all around neck continuously and transversally present; underlying tissues were echhymosed and subcutaneous bleeding was present. There was also abraded contusion 2 cm X 2 cm on back of right elbow. Cause of death has been mentioned as asphyxia as a result of strangulation.

Learned counsel for the accused applicant has contended that applicant has been falsely implicated in this case and that no dowry demand was ever made and that it has also come in the statement of complainant as given in the Court that no demand for dowry was made as according to him a loan of Rs. 1,00000/- was taken in the name of his sister and after that no demand for dowry was made. He has further contended that Smt. Anjali  committed suicide on account of her extreme mad swings. He has also contended that the information was given to the complainant  and that Smt. Anjali was taken to Hospital by accused person and that at the time of inquest  report the father, brother and other family members of the deceased were present.

Learned counsel for the complainant has contended that demand for dowry was made and that there was no reason for her to have committed suicide. He has also contended that the death was caused on account of strangulation and it clearly shows that she was killed in her-laws house. He further contended that trial is proceeding and is likely to be concluded at an early date.

Considering the facts and 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 applicant is hereby rejected.

Dated 19.10.2005

RKS/2681/05


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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