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Pratap v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3529 of 2006  RD-AH 11628 (17 July 2006)
CRIMINAL MISC. BAIL APPLICATION NO. 3529 OF 2006
State of U.P............................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard learned counsel for the applicant, Sri Amit Daga, Advocate, appearing for the first informant and learned A.G.A. for the State.
The applicant is husband. Marriage of the applicant with the deceased was performed in the year 2003 and she died within two and half years of her marriage. Submission on behalf of the applicant is that she was taken to the hospital by the husband as the bed head ticket of District Hospital Muzaffarnagar shows that the dead body was handed over to the husband. Besides, it is argued that when she was taken to the Hospital, she was alive as the bed head ticket shows that she was vomiting followed by unconsciousness and died on account of sudden cardio respiratory arrest. Post mortem report shows that the death of the deceased is as a result of asphyxia due to strangulation. Submission on behalf of the applicant is that it is a case of hanging and not of strangulation since the hyoid bone was not fractured. I have perused the post mortem report. There are four other injuries found on the body of the deceased by the doctor, who performed the post mortem. Therefore, it is submitted that the applicant is entitled for bail.
I have perused the injury report as well as post mortem report. It is evident that the deceased died within seven years of marriage. There was constant demand of dowry and she was subjected to cruelty and harassment for non-fulfillment of demand of dowry. She met an unnatural death as such the instant case falls within the purview of dowry death. Since there are allegations and presumption is against the husband, no case for bail is made out. The bail application is rejected at this stage.
Learned Sessions Judge concerned is directed to expedite and conclude the trial expeditiously, preferably, within a period of six months from the date a certified copy of this order is produced before him.
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