KEDAR PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Praveen Kumar Pandey, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.

(2.) This bail application has been moved seeking bail in Case Crime No.273 of 2019 under sections 147, 302, 201 I.P.C., Police Station Pipari, District Kaushambi, during the pendency of trial.

(3.) In this case FIR has been lodged by Chaukidar of the village Dharm Raj in which he has stated that on 9.3.2019 at G.D. No. 24 time 1230 hours, the informant had lodged the missing report in respect of suspected deceased Smt. Suman Pal daughter of Kedar Pal (applicant no.1) that on 1.3.2019 she had gone missing from her house. When investigation was made in this regard by S.I. Ashok Kumar Singh, it came to light that Smt. Suman Pal was married in village Sewra, P.S. Pipri but because of dispute with her husband, divorce had taken place and since thereafter she was staying in the house of her father Kedar Pal. In the meantime, Smt. Suman Pal Developed relations with one Mohd. Sarwar, co-accused, of the village. For this relationship, the accused-applicant Kedar Pal was not ready to accept because of which Smt. Suman Pal land Mohd. Sarwar had filed writ petition no. 481 of 2019 in which an order dated 8.1.2019 was passed to the effect that the petitioner Smt. Shahin Begum @ Smt. Suman Pal and the co-accused Mohd. Sarwar would get their marriage registered with in two weeks. In compliance with that order, Smt. Shahin Begum @ Smt. Suman Pal and co-accused Sarwar had made application before Registrar on 17.1.2019 and thereafter Smt. Suman Pal was staying in the house of Mohd. Sarwar as husband and wife. Panchayat was held regarding this marriage at the house of Mohd. Sarwar by the accused-applicant on 1.3.2019 at about 10.00-11.00 A.M. In the said Panchayat Smt. Suman Pal went to her father's house. An information was given by the informant that in the night of 1.3.2019 at about 21.00 to 21.30 hours Smt. Suman Pal was present in the house of Kedar Pal, by that very time, Kedar Pal returned home and after sometime, a quarrel happened between Mohd. Sarwar and Kedar Pal, accused-applicant and since that night Smt. Suman Pal went missing and her mobile number was reporting switched off since 28.2.2019. Kedar Pal applicant no. 1 and Mohd. Sarwar both were making allegation against each other and were not cooperating in the investigation, hence case was requested to be registered under section 364 IPC.