VIJAY GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Neeraj Singh learned counsel for applicant and Sri Sanjay Kumar Singh, learned A.G.A. and perused the material brought on record.

(2.) The present first bail application has been filed on behalf of applicant (husband) with a prayer to release him on bail in Case Crime No. 132 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Gauri Bazar District- Deoria, during pendency of trial.

(3.) The submission advanced by learned counsel for applicant; he is innocent and has falsely been implicated in the present case during the course of investigation. It has been further contended that the applicant is husband and not named in the F.I.R. The charge sheet has been filed under Sections under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act only against the applicant. The marriage of the deceased was solemnized with applicant on 19.05.2015 and from the wedlock of the applicant and the deceased, they have a new born daughter of 10 days and she is living with applicant in applicant's house. The incident took place on 28.04.2017 at 04:00 A.M. and the dead body of the deceased was found inside the railway track where she went to attend the natural call and the train just crushed her and the first information report has been lodged on 13.05.2017, i.e., after 16 days. The inquest report of the dead body of the deceased was got prepared on the spot at 11:00 A.M. on 28.04.2017 on the basis of information received at 07:25 A.M. Corpse of deceased Reena was identified by the father-in-law as well as villagers. The father-in-law of the applicant was also present at the time of preparation of the inquest report Hence, he should have lodged F.I.R. of the alleged incident promptly on the said date, there appears no reason to lodge the F.I.R. after such delay of 16 days and that there is no explanation of such delay. Further, it is relevant that railway employee himself reported to the local police regarding commission of alleged incident. The post-mortem report reveals that the deceased have received as many as eight injuries which are as follows:-