BRIJESH ALIAS RAJESH Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The applicant Brijesh @ Rajesh who is the husband of the deceased Vinita Devi has applied for bail through the present application in crime number 1098 of 2005 under Sections 304-B/498-A, IPC and 3/4 D. P. Act Police Station Bhamora District Bareilly.

(2.) COUNTER-affidavits filed by the learned AGA and the Counsel for the informant Sri B. A. Khan today in Court, after serving it's copy to the Counsel for the applicant are taken on record. Sri Satish Trivedi, learned Senior Counsel for the applicant states that he does not propose to file any rejoinder affidavit.

(3.) SRI Trivedi hankered with the thought of success argued vehemently that in this case the applicant is innocent and it was he who had firstly given information to the police regarding the death of the deceased (Annexure No. 3) and that the inquest was conducted on his information by the police. He further contended that a perusal of the inquest report indicate that the door of the room where the deceased had committed suicide, according to his case, was bolted from inside and the same was broke open by the police. He further contended that the inquest was conducted by the Magistrate and external injury was found of her body. He therefore pressed with vehemence the contention that the allegation of injuries by blunt object stated in the FIR is false. He further argued that the FIR is delayed and there is no acceptable explanation for the same. He concluded by submitting that had the applicant committed the murder he would not have lodged the FIR first and that the allegation of demand of dowry is false and cooked up and in fact the deceased committed suicide and the applicant is entitle to bail.