SHYAM KUMAR SHUKIA Vs. STATE OF U P

JUDGEMENT

(1.) This is the second bail application. The first bail application was heard on merit and was rejected vide order dated 26-10-1999. The applicant who was challenged under Sections 498-A/304-B/120-B. IPC and 3/4 of Dowry Prohibition Act. Police Station Ghatainpur. District Kanpur Dehat prays for bail.

(2.) Learned Counsel for the applicant argued that the photo-copy of the case diary Parcha No. 10 shows that by 9-9-1999 the viscera was not sent to chemical examiner. Lucknow. In the earlier order it was mentioned that viscera was not sent by the Investigating Officer to chemical examiner and action was taken only on the intervention of the Court. Now in paragraph 6 of the supplementary counter-affidavit it has been stated that viscera was sent for examination 2-6-1999 and report was received on 12-10-1999. It is also stated in the counter-affidavit that poison has been found in the viscera the copy of the report has been flied as Annexure 1 to the supplementary counter-affidavit. From the report it is made out that the date mentioned is 22-6-1999 and 2-6-1999.

(3.) Learned Counsel for the applicant contended that it is highly doubtful at this stage that viscera was sent for chemical examination on 2-6-1999 or 22-6-1999. in view of the entry in case diary in parcha No. 10. dated 9-9-1999 and the assertion made in paragraph 6 of the supplementary counter, affidavit the date of sending viscera to chemical examiner has become doubtful. The report received from the chemical examiner is in respect of the viscera sent on 2-6-1999. At this stage the said report cannot be held to be connected with this crime in view of entry in parcha No. 10 of case diary that by 9-9-1999 viscera was not sent to chemical examiner.