MARUTI NANDAN MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Shiva Tripathi, holding brief of Sri Rahul Sahai, for the applicant, learned A.G.A. for the State and perused the record.

(2.) Applicant- Maruti Nandan Mishra seeks bail in Case Crime No.316/2015, under Sections 498-A/304-B IPC and Section 3/4 D.P Act, P.S. Nagar, District Basti.

(3.) It is submitted that in respect of an occurrence dated 1.4.2015, brother of the deceased / victim, lodged a report (Annexure-2), disclosing that as his sister was undergoing treatment since last 10 months for a mental ailment under one Dr. Beri at Gorakhpur, she committed suicide by hanging herself inside a room, bolted from inside, out of sheer frustration and disgust over prolonged mental illness, whereas FIR was lodged on false, baseless and fictitious allegation only with a view to make out a case of dowry death. He further submits that disclosure made in the report of the brother of the deceased is not controverted in the counter affidavit. Learned counsel also relied upon the medical prescriptions of the deceased / victim, annexed as Annexure-1. He finally submits that it is a case of false implication for ulterior motives, applicant has no criminal history, is in jail since 6.4.2015, trial is not likely to be concluded in the near future, he be enlarged on bail.