ASHUTOSH SHARMA Vs. STATE

JUDGEMENT

(1.) Heard Sri Ajay Kumar Misra, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Murlidhar Misra, Sri Akash Misra and Shree Prakash Singh and Smt. Archana Singh, learned counsel for the complainant.

(2.) This application has been moved by the applicant Ashutosh Sharma with a prayer that he may be released on bail in case crime no. 85 of 2011 under section 304-B I.P.C. P.S. Sadar Bazar district Saharanpur.

(3.) The facts, in brief of this case are that the F.I.R. of this case has been lodged by Vinod Kumar Sharma at P.S. Sadar Bazar on 30.1.2011 at 7.40 p.m. in respect of the incident allegedly occurred on 29.1.2011 at unknown time. It is alleged that the marriage of the applicant was solemnized with the deceased on.11.2.2010, the first informant had given gifts and daily use items and cash of Rs..2 lacs as gifts to in-laws of the deceased, prior to marriage the applicant and his family members had demanded a I-10 car, the same could not be given by the first informant that is why the applicant and other co-accused persons were too much annoyed and they were uttering that their insult has been done in their caste by not giving the car in the marriage. The deceased was a meritorious students, she was studying in B.Ed. she had passed M.Sc. Examination, in a preplanned manner, she was taken to Mumbai for attending the marriage ceremony,.she did not want to go to Mumbai because she had to make preparation of the B.Ed. Examination, which was scheduled to be held in near future. She had given telephonic message to the first informant that there was a conspiracy against her,but she was consoled by the first informant, the first informant was given a telephonic message by the co-accused Janeshwar Prasad Sharma on.29.1.2011 that the deceased was returning in the company of the applicant and other co-accused persons from Mumbai to Saharanpur by Golden Temple Super Fast Express No. 12903, but the deceased was not traceable, the first informant2.tried to make contact with the applicant on his mobile phone but no satisfactory reply has been given, it was informed that the F.I.R. has been lodged at G.R.P. Godhara Station whereas the co-accused Arvind informed that the F.I.R. has been lodged at P.S. G.R.P. Ratlam, thereafter, the first informant made efforts to talk them but either they did not talk and ultimately they switched off their phones, then the first informant tried to known the real facts from Ratlam Station,.then he came to known that near Godhara Railway Station a dead body of a women aged about 22-25 years was found, its information was given to the applicant and his brother Arvind, the first informant was apprised by the applicant at about 12 O'clock that he and other persons went on sleeping at 12 O'clock, in the morning at about 6.00 a.m. he saw that the deceased was not on her birth,.search was made in the train including the toilet but she could not be traced out. It was told by the applicant that he along with the brother get down from the train at Nalanda Station for searching the deceased at about 7.30 p.m. It was confirmed by the applicant that the deceased had died. It is alleged that the deceased has been killed in a pre-planned manner by pushing her down from the train by the applicant and other co-accused persons. According to the Post Mortem Examination Report the deceased has sustained a large number of injuries, the cause of death was due to head injury, the applicant applied for bail before the learned Sessions Judge, Saharanpur who rejected the same on.21.6.2011.