- (1.) HEARD Sri Rajesh Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State of U.P., Sri Ashutosh Upadhyay, learned counsel for the complainant and perused the record.
(2.) THIS bail application has been filed by the applicant Ram Pyare with a prayer that he may be released on bail in case crime No. 103 of 2011 under section 304 IPC, P.S. Girwan, District Banda. The facts in brief of this case are that FIR has been lodged at P.S. Girwan on 1.6.2011 at 8.15 P.M. in respect of the incident allegedly occurred on 16.3.2011 at about 10 or 11 P.M. It is alleged that the marriage of the deceased was solemnized with the applicant about 14 or 15 years prior the alleged incident, since then the deceased was being tortured by her in-law. The applicant was having illicit relationship with his Bhabhi co-accused Pushpa Devi, due to this reason he was occasionally beaten his wife. The deceased was opposing the illicit relationship of the applicant with Smt. Pushpa Devi. Due to this reason the deceased was killed on 14.3.2011 and his dead body was thrown near stairs only to show that she had fallen down from the roof. The first informant along with his villagers came to the place of occurrence and saw the dead body and walls were flood stained. On the roof the broken wangles were found and the head hairs were also found there, on the boundary of the roof blood stained were found. The FIR was not lodged by the Officer Incharge of police station concerned, thereafter the application under section 156(3) Cr.P.C. has been moved, the same has been allowed the the above mentioned FIR of this case has been registered on 1.6.2011. According to the post mortem examination report the deceased has sustained many injuries caused by hard and blunt object. The cause of death was due to ante mortem injuries. The applicant applied for bail before learned Sessions Judge, Banda who rejected the same on 30.7.2011. It is contended by learned counsel for the applicant that the deceased accidentally fallen down from the stairs when she was coming from the roof to ground floor, she had sustained injuries. Its information was given by the applicant to the police station concerned on 17.3.2011 at 7.50 A.M. On that information the police came to the place of occurrence, the information was given by the applicant to the family members of the deceased, they came to the place of occurrence. The inquest report was prepared on 17.3.2011. The son of the first informant namely Ram Dev and his family members Malkhan are the witness of the inquest report also. At the time of preparation of the inquest report they have not made any objection. The stones were also lying near the stairs, she fallen down at stones, the same were blood stained also, it was found by the I.O. who prepared the inquest report. Thereafter with ulterior motive the application under section 156(3) Cr.P.C. has been moved by the applicant on 5.4.2011, the same was allowed and the present case has been registered. The applicant was having no motive or intention to commit the alleged offence. During investigation the statement of the first informant Gore lal has been recorded, he could not properly reply to the query made by the I.O.. The statement of his son Ram Dev who was present at the time of preparation of inquest report has been recorded under section 161 Cr.P.C. he stated that his cousin sister was also married in the same village, he had received a telephonic message on 17.3.2011 that his sister has died on account of fall from the stairs. He seen the broken wrangles from the stairs and ground floor. He had put his signature on the inquest report. None of the Panches controverted that the deceased had died due to fall from the stairs. Her father has demanded money from the applicant, the same was not paid, he had not supported the prosecution version. The applicant is not having any criminal antecedent. There is no eye witness account to support the prosecution story, therefore the applicant may be released on bail.
(3.) IN reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that the deceased was wife of the applicant, she had been killed in side the house, she had sustained many injuries caused by hard and blunt object. The nature of the injuries does not show that the same was caused due to fall from the stairs. The injuries were found on both sides of the body i.e. right and left. The deceased was killed mercilessly. IN case she had fallen from the stairs she would have been taken to any hospital to provide medical aid but in the present case she was not taken to any hospital. It shows that she died due to injuries sustained by her. The applicant being husband was under obligation to provide proper medical aid. The applicant has mis-leaded the first informant at the time of preparation of the inquest report by saying that she had sustained injuries due to fall. But according to the post mortem examination report the deceased has not died due to fall, she was badly beaten by the accused persons. IN case the applicant is released on bail, he shall tamper with the evidence. Considering the submission, made by learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and from the perusal of the record it appears that the deceased had sustained many injuries caused by hard and blunt object and the applicant is in jail since 11.6.2011 and without expressing any opinion on the merits of the case the applicant is not entitled for bail. The prayer for bail is refused. Accordingly this application is dismissed.;