The Allahabad High Court has rejected the bail application of a man in the case of culpable homicide not amounting to murder of his wife.
A single-judge bench of Justice Om Prakash Tripathi passed this order while hearing a Criminal Misc Bail Application filed by Mukesh @ Manishwar Kushwaha.
The bail application has been filed by the applicant Mukesh @ Manishwar Kushwaha with a prayer to enlarge him on bail in Case under Sections 498A, 304B, 323, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kotwali Padrauna, District Kushi Nagar, during pendency of trial.
On July 2, 2021, an FIR was lodged by the informant’s wife against the applicant and other accused. After lodging of the FIR, parties had entered a compromise before the village pradhan.
Subsequently on June 11, 2021, applicants with the consent of their family members married with the daughter of the first informant and lived in a rented house. After marriage, in-laws of the victim started taunting and abusing her for additional demand of dowry. On July 2, 2021, the applicant along with other accused gave poison to the victim with the intention to kill her, as a result of which, she died.
The counsel for the applicant contended the applicant has been falsely implicated in the case. Applicant and deceased had a love affair due to which she became pregnant. When the family members of the victim have knowledge about the pregnancy, they lodged FIR against the applicant and his family members.
It is alleged that there is no allegation against the applicant to kill anyone. The applicant has not caused any injury to anyone. The case has been lodged only for the harassment of the applicant.
Counsel for the applicant said the applicant has been languishing in jail since July 20, 2021. The applicant does not have any previous criminal history. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Lastly, it is submitted that there is no chance of the applicant fleeing from the judicial process or tampering with the witnesses.
Additional Government Advocate opposed the bail prayer by contending that innocence of the applicant cannot be adjudged at this stage. Deceased was about 19 years of age and she gave birth to a child 15 days prior to the incident. It is not expected by a mother to commit suicide after leaving her infant child of 15 days.
In the viscera Report, aluminium phosphide poison was found in the spleen, kidney, liver, intestine and stomach of the victim. She was maltreated by her husband prior to the incident. Although, there is no mark of injury on the body of the deceased in the postmortem report. Thus, the offense committed by the applicant is of serious nature, hence the applicant is not entitled for bail at this stage.
“Having considered the submissions made by the counsel for the applicant and AGA for the State and upon perusal of the evidence brought on record as well as considering the complicity of the accused, I do not find any good reason to exercise my discretion in favor of the accused applicant, thus the bail applicant is stands rejected at this stage,” the Court observed while rejecting the bail application.
“The trial court is directed to expedite the trial and conclude the same as expeditiously as possible from the date of receipt of certified/computerized copy of the order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment,” the order reads.