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Vikas Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12052 of 2004  RD-AH 5253 (7 November 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the accused applicant, learned counsel for the complainant, learned A.G.A. and perused the record.
Accused applicant Vikas Singh son of Late Banarsi Singh has prayed for release on bail in case Crime No. 63 of 2004 under Sections 498-A/304 B IPC and Section ¾ D.P.Act, P.S. Saiyad Raja, District Chandauli.
Prosecution case is that Smt. Mamta Devi daughter of the complainant Rajvansh Singh was married with the accused applicant according to Hindu Rites on 22..5.2002. Dowry was given but it could not satisfy the accused and demand for colour Television, Freez, washing Machine and Hero Honda motorcycle was made. When these items could not be given Smt. Mamta Devi was harassed and ill-treated and was finally killed on 30.3.2004. Smt. Maya Devi, elder daughter of the complainant was also married in the same village Auraiya and she informed the complainant that the in-laws of Mamta had killed her and wanted to remove the dead body. The complaint and others came to the Sasural of Smt. Mamta but they were not there and some villagers told that they had taken the dead body. The complainant and others reached the Govt. Hospital, Chandauli where the accused persons had left the dead body and had absconded.
Post mortem was conducted on 1.4.2004. Two contusions have been noted as ante mortem injury on the right arm and left hand. But the cause of death could not be ascertained at the time of post-mortem examination. Viscera was preserved. Report of chemical examiner, Vidhi Vigyan Prayogshala, Mahanagar, Lucknow was received and according to this report no poison was found in the Viscera part. Thereafter Viscera sample was sent for examination to Central Forensic Science Laboratory, Hyderabad and report of Director, C.F.S.L., Hyderabad dated 28.10.2005 shows that no common poison could be detected in the Viscera part.
Learned counsel for the applicant has contended that the accused has been wrongly implicated in this case and that there was no demand of any dowry and that the relations between the applicant and his wife Smt. Mamta were cordial. She also gave birth to a male child on 17.3.2004 in the Hospital where she was admitted by the applicant on 10.3.2004.
Learned counsel for the accused applicant has further contended that Smt. Mamta was discharged from the Hospital on 18.3.2004 but there was some post delivery complication and she was taken to hospital but she died on 30.3.2004.
Learned counsel for the complainant and learned A.G.A. have contended that the male child was caesarian and the accused persons had taken her from the Hospital and had beaten her and that resulted in her death. He has further contended that in order to make the dead body dis appear accused persons had taken the same from their house and had left in the hospital premises.
Learned counsel for the accused applicant contended that there was no question of making the dead body disappear and that when she was ill she was taken to Hospital but she died there.
Considering the facts and circumstances of the case and the fact that the cause of death could not be ascertained, accused is entitled to bail.
Let the accused involved in above crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
The applicant shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in any criminal activity and will not cause either any threat or any physical violence to the complainant and the witnesses and their family members. If any such report is made by any of the above person either to the Court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the court below to report to this Court so that their bail may be cancelled.
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