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Mangala Pasad v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14866 of 2006 [2006] RD-AH 12385 (27 July 2006)


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Court No. 54


Mangla Prasad Vs. State of U.P.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri Sri G.S. Chaturvedi, Senior Advocate, assisted by Sri Udai Chandani, learned counsel for the applicant and learned A.G.A. for the State.

According to the narration of the first information report, the chowkidar recovered dead body of a female from the river Ganga and reported the matter to the concerned police station. The post mortem was conducted as an unknown deceased. The report of doctor shows that the deceased died due to asphyxia as a result of ante-mortem injuries. The name of the accused who happened to be father of the deceased and the applicant (Jija of the deceased) came to light during the course of investigation.

The submission on behalf of the applicant is that the body of the deceased was identified to be Km. Anupama alias Appu, daughter of Keshram Dubey by the villagers. There is no substantial proof to fix identity of the deceased. The motive assigned for commission of crime is that Km. Anupama was having an affair with her cousin (son of Mama) and wanted to marry him. The father and the applicant killed her and disposed of the body, which was recovered subsequently and identified. The statements of the witnesses have been annexed with the bail application. The neighbourers have stated that the house of the accused Keshram Dubey was locked since 24.6.2005 and his whereabouts was not known. The statement of Smt. Sadhana, wife of the applicant is annexed as Annexure 10 to the bail application. She has admitted that her husband had gone to her father's house. She also identified the photographs of the deceased, her younger sister, who was ill and her husband has not come back since he was called by her father. The wife of Keshram Dubey has admitted that her daughter died. She had tooth ache and she was taken to the doctor. She also admitted that her daughter died on account of tooth ache and her dead body was brought home but thereafter disposed of in the river. She also admitted the presence of the applicant Mangla Prasad Chaubey at the relevant time. She could not disclose either the name of the doctor or so called relatives present when the dead body was brought home. The independent witnesses have clearly admitted that since 20.6.2005 Keshram Dubey has left his house with his wife and daughter Km. Anupama and their whereabouts are not known and the house is continuously locked.

Taking into consideration the admission by the sister and mother of the deceased as well as the statements of other witnesses and post mortem report of the deceased, it is evident that the deceased died due to asphyxia. The circumstances necessarily points a finger towards the accused. I do not find it a fit case for grant of bail. The bail application is rejected.




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