Ravindra Singh - (1.) -This application has been filed by the applicant Mahendra Pal Singh with a prayer that he may be released on bail in Case Crime No. 224 of 2006, under Sections 302, I.P.C., P.S. Chakeri, district Kanpur Nagar.
(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by one Virendra Singh on 15.5.2006 at 6.30 a.m. in respect of the incident which had occurred on 14/15.5.2006. THE F.I.R. was lodged against the applicant alleging therein that the marriage of the deceased was solemnized with the applicant on 20.5.1996. At the time of the marriage gifts and other articles were given as per capacity of the father of the deceased. THE applicant being the man of greedy and litigious (jhagralu) nature, that is why, he could not maintain good relations in his family also. After the marriage of the deceased no issue was born from the wedlock of the applicant that is why the applicant was developing pressure to perform his second marriage and he was doing marpeet with the deceased. Many times the first informant pacified the dispute and gave money, as the applicant had demanded. About 20 days prior the alleged incident there had been a dispute between the deceased and the applicant. THE same was pacified by the applicant, but in the night of 14/15.5.2006, the applicant committed the murder of the deceased by way of throttling her neck. On such information the first informant came at the place of occurrence, saw the dead body and lodged the F.I.R. According to post mortem examination report the cause of death was as a result of asphyxia due to ante-mortem throttling. Heard Sri Satish Trivedi, senior advocate assisted by Sri Vijay Bahadur Maurya learned counsel for the applicant, the learned A.G.A. for the State of U. P. and Sri Jai Raj Singh Tomar learned counsel for the complainant. It is contended by the learned counsel for the applicant that the applicant is the husband of the deceased. He has been falsely implicated in the present case. In fact a robbery was committed at the applicant's house in which the deceased was done to death. Its information was given to the Police Station Chakeri on 15.5.2006, but no case was registered by the police Thereafter, the first informant of this case came at the police station and lodged the F.I.R. Such application has been given by Rampal Singh the brother of the applicant to the S.S.P., Kanpur Nagar. The applicant was having no motive and intention to commit the murder of the deceased. The allegation in respect of usual quarrel and marpeet with the deceased is absolutely false. There is no material in support of this allegation. The financial position of the applicant is very good. He was having love and affection with his wife. Both were residing in the same house which was purchased in the name of the deceased. He has also purchased a plot having an area of 356 sqs. meter and he has opened many accounts in the bank and post office in the name of the deceased. The applicant came to his house from his duty and saw that the door was opened and the deceased was lying and a sum of Rs. 1,35,000 and the jewellery has been robbed from the locker. He immediately informed his brother-in-law, by the first informant with the assistance of some other persons, the deceased was taken to D.K. Nursing Home, where she was declared dead by the Doctor, thereafter, he came to the police station to lodge the F.I.R., but the F.I.R. has not been lodged by the police. The alleged offence has been committed by some unknown persons but due to ulterior motive the applicant has been falsely implicated in this case. A news item was published on 16.5.2006 in which it was mentioned that the applicant was arrested after the alleged incident. The applicant is having no criminal antecedents; therefore, he may be released on bail.
(3.) IN reply of the above contention the learned A.G.A. and the learned counsel for the complainant submit that the applicant is the husband of the deceased. The cause of death is throttling. The applicant was having a strong motive to commit the alleged offence. The allegation of robbery is absolutely false. The prosecution story is fully corroborated by medical evidence and during investigation the evidence has been collected to show that the applicant used to quarrel with the deceased. The statements of the witnesses Rajesh Kumar, Virendra Singh and Brijesh Kumar have been recorded by the INvestigating Officer under Section 161, Cr. P.C. who supported the prosecution story. The applicant is main accused; therefore, he may not be released on bail. Considering the facts, circumstances of the case, submissions made by the learned counsel for the applicant, the learned A.G.A. and the learned counsel for the complainant, the gravity of the offence is too much and without expressing any opinion on the merits of the case the applicant is not entitled for bail, therefore, the prayer for bail is refused. Accordingly, the bail application is rejected.;