UMESH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Satish Trivedi, learned Senior counsel assisted by Sri Sheshadri Trivedi, learned counsel for the applicant and learned A.G.A. for the State.

(2.) Learned counsel for the applicant contends that the applicant has been falsely implicated being husband of the victim; that the marriage of applicant was solemnized with victim Smt. Kamini Mishra @ Laxmi in November, 2012 and a son was born out of the wedlock; that on 24.1.2014 the applicant submitted a missing report with P.S. Sigra to the effect that his wife Smt. Kamini Mishra @ Laxmi has left the home at about 8:30 p.m. without any information and she could not be traced despite searches made with nears and dears; that above missing report was submitted on 24.1.2014; that after four days of submission of missing report by applicant and after six days of missing of Smt. Kamini Mishra, F.I.R. has been lodged by brother of victim with absolutely false and concocted allegations that she was being treated with cruelty in connection with non-fulfilment of demand of Rs.1 lac as dowry and since the above amount was not paid, the husband and in-laws of his sister taken her away on 22.1.2014 with an intention to cause her death and lodged a false missing report in P.S. Sigra with allegations that she has left in the night of 22.1.2014; that the real fact is that the husband and in-laws of Smt. Kamini have hidden her on some secret place with an intention to cause her death; that upon giving of missing report by applicant, due advertisement was made in news papers with caption that the person who gives any information, shall be awarded with Rs.1 lac; that in its report dated 15.2.2014 submitted to Circle Officer, Cantt., the Investigating Officer has stated that there is Asha Post Graduate College on K.V.B.P. Road from the house of Umesh Mishra, the applicant, in a C.C.T.V. Camera footage of which she has been seen to be going on road at about 8:30 p.m., who was identified as Smt. Kamini Mishra by the persons and that the victim Smt. Kamini Mishra by her mobile phone no.8090610407 had talked her sister Mohini Mishra on 24.1.2014 for 328 pulse; that independent witnesses Shyam Sunder Dubey and Shyama have also stated that in the chilly cold night of 22.1.2014 at about 8:30 p.m. when they were taking heat of fire some quarrel took place between the applicant and his wife after which the victim came out and left to Kashi; that father of applicant filed an affidavit before the Court on 20.11.2014 that he got information of the victim being is in Palhana Bazar, Azamgarh and when they reached at above place, it was found that the lady has left with Radhey Shyam Gupta and is living somewhere in Bombay and when the I.O. went to Bombay on 11.10.2014, it was found by surveillance that they are somewhere in Boisar, Maharashtra, about 120 Kms. away from Bombay; that as per report dated 7.12.2014 of I.O., copy filed at S.A.-3 when I.O. reached Boisar, Maharashtra, the lady found there was found to be Rita of Sultanpur and not Smt. Kamini Mishra though there was resemblance between two, upto 90%; that the applicant may have no motive to make his wife disappear with an intention to cause her death or otherwise; that the applicant with all bonafides had informed the police very promptly as well as his in-laws; that the father and brother etc. of applicant are making every efforts for getting the victim traced and have provided full co-operation to the I.O.; that the applicant has been falsely implicated only on the basis of suspicion and being husband of victim; that there has never been any demand of Rs.1 lac or any other amount or things towards dowry and the applicant never treated his wife with cruelty; that the victim left without any information leaving behind the infant child, who is to be looked after by applicant being father; that co-accused Madhusudan Mishra, Ramesh Mishra and Smt. Ratna Mishra have already been granted bail by this Court vide orders dated 9.4.2015, 6.4.2015, 27.3.2015 passed in Criminal Misc. Bail Application Nos.12161 of 2015, 11499 of 2015 and 10382 of 2015 respectively, copies produced for perusal; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 4.4.2014.

(3.) Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicant has made the victim disappear in the night of 22.1.2014 for non-fulfilment of demand of dowry and she was made to disappear within a period of 15 months from marriage; that since before alleged missing of Smt. Kamini Mishra, she was being treated with cruelty for non-fulfilment of demand of dowry of Rs.1 lac and had been threatened of her life; that there can be no reason for a lady to leave the house without informing leaving behind her a newly born son who had born about 6-7 months before the alleged incident; that the missing report of his wife has been submitted by applicant with false allegations in order to shield himself; that it is wrong to say that the victim was seen in alleged C.C.T.V. Camera footage at 8:30 p.m. on 22.1.2014; that if due to alleged resemblance in view of the advertisement of award of Rs.1 lac someone informed about the whereabouts of Smt. Kamini Mishra that has no bearing on the case as the lady was found to be Rita of Sultanpur; that grant of bail to co-accused makes no difference as the case of applicant being husband of the victim is clearly distinguishable.