INDRARAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satyendra Kumar Tripathi, learned counsel for the applicant, Sri Pankaj Kumar Ojha, learned counsel for the first informant and Sri C.P. Singh, learned A.G.A. for the State are present.

(2.) This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Indraram, seeking enlargement on bail during trial in connection with Criminal Case No. 174 of 2015 (State Vs. Indraram and others) arising out of Case Crime No. 78 of 2010 , under Sections 498-A, 323, 504, 506, 304-B, 120-B I.P.C. and Section 3/4 D.P. Act, registered at Police Station Uska Bazar, District Siddharth Nagar.

(3.) Learned counsel for the applicant argued that the present first information report has been registered on the basis of an application dated 26.12.2009 filed under Section 156 (3) Cr.P.C. It is argued that the incident in the present case is dated 20/21.12.2009 for which the first information report was lodged on 20.02.2010. It is argued that after investigation, a final report of Report No. 9 of 2010 dated 30.03.2010 was submitted by the police against which a protest petition dated 15.02.2011 was submitted after which the applicant and other accused persons were summoned vide order dated 04.02.2015 by the trial court. It is argued that against the proceedings, the applicant then preferred an application under Section 482 Cr.P.C. before this Court which was disposed of vide order dated 19.01.2021 being Application U/S 482 No. 18414 of 2020. Learned counsel has argued that the first informant has moved an application dated 12.12.2018 before the trail court stating that he has come to know from a medical prescription which he got from the purse of the deceased that she was being treated in seizure and she has died because of the same. It is further argued that even before the court below, the said application has been filed which is Annexure- 6 to the affidavit in support of the bail application. It is argued that the said application is still pending for orders before the court below in which the prayer of the first informant is that proceedings be quashed and the final report be accepted and all the proceedings be closed. It is further argued while, placing Annexure- 9 to the affidavit in support of bail application being No Objection dated 17.02.2021 was filed by the first informant before the court below that he has no objection to the same even stating therein that the deceased died as she was suffering from mental disorder of seizure for which she was undergoing treatment which her in-laws were getting done and he has come to know of it later on and as such, he has no objection to the bail application being allowed.