JALAL UDDIN Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The applicant Jalalluddin has filed this application for his release on bail in crime number 466 of 2005 under Sections 302/201 IPC Police Station Jahanabad District Pilibhit.

(2.) THE prosecution allegations are that Aslam son of Itwari lodged a report at police station Jahnabad on 13-6-2005 at 8. 30 a. m. with the allegations that his Bhabhi Smt. Rehana Begum @ Sultari (Deceased), wife of applicant Jalal Uuddin had gone to attend the call of nature at 2 p. m. in the night but she did not returned back. She was searched but could not be traced out. Next morning villagers informed that a dead-body of a lady is lying in the Chari field which was identified to be that of the deceased. THE autopsy of the deceased revealed that there was Sari ligature mark around her neck and the blood was oozing out from her vagina which was swellon and she had abrasion and multiple abrasions on her body. THE investigation revealed that it was the applicant who had strangulated to death his own wife and subsequently inserted a rod in her private part and then with the help of his brothers lifted her corpse and threw it in the field. THE investigation further revealed that no rape was committed on the deceased as her veginal smear slid did not established that. Investigation further revealed that to give it a shape of murder with rape the payal and lota was planted by the applicant accused with the help of his brother informant Aslam and neighbour Nathu Lal. At the pointing out of the applicant the rod which was inserted in the private part of the deceased was recovered from his house which was blood stained. On this factual matrix the applicant has applied for bail.

(3.) I have considered the contentions of the rival sides and have gone through the record of the bail application and the case diary. In this case the applicant in a most brutal and inhuman manner committed the murder of his own wife and then cooked up a false story with the help of his brother to cover up the crime committed by him. There is no reason for his false implication and his complicity in the crime cannot said to be without any basis. The applicant does not deserve bail.