DESHRAJ Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. Perused the record.

(2.) Submission of counsel for the applicant is that the incident is said to have taken place on 01.5.2015 and the parents of the deceased were duly informed by applicant and they had also arrived at the place of occurrence. Counsel has drawn the attention of the Court to inquest proceedings which indicate that the first informant himself was one of the witnesses of the inquest proceedings. Apart from him, the other co-villagers of the first informant were also the witnesses of inquest. Emphasis has been laid by the counsel on the fact that despite the presence of the first informant during inquest proceedings no complaint was made against the applicant and the F.I.R. was lodged on an application given to S.S.P. which is dated 15.6.2015. Submission is that this inordinate delay in moving an application to lodge the F.I.R. has not been adequately explained by the prosecution. Further submission is that ten years had already passed after marriage and all the allegations with regard to demand of dowry and ill-treating the deceased are fake and false. It is further submitted that if there was any truth in the allegations of committing cruelty upon the deceased then there is absolutely no reason as to why the first informant would take so much time in lodging the F.I.R. against the applicant. Contention is that this inordinate and unexplained delay is a circumstance which speaks in volumes about the fake nature of the allegations. Further contention is that actually despite the period of ten years that passed after marriage the deceased had not conceived and used to feel frustrated for the same reason and in fact had committed suicide because of the same background. It is further submitted that the evidence collected by the Investigating Officer also falls short of showing or proving that the commission of suicide was the direct result of any instigation on the part of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 31.01.2016 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. It is also pointed out that the applicant is not having criminal antecedents.

(3.) Learned A.G.A. has opposed the prayer for bail.