RAVI KHANDELWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) PRAYER for bail in this bail application under sec­tion 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.') has been made on behalf of the applicant Ravi Khandelwal. He is the husband of deceased Smt. Tripti, whose murder was committed on 20.6.2008 in the house of applicant, situated in Radha Puram Colony, Mathura.

(2.) THE First Information Report about committing the murder of his wife was lodged by the applicant Ravi Khan­delwal himself on 21.6.2008 at 2.30 a.m. at P.S. Highway, Mathura, where a case un­der sections 302 and 201 IPC was registered at crime No. 327 of 2008 against unknown persons. The allegations made in the FIR (Annexure-1), in brief, are that when the applicant Ravi Khandelwal was on his shop, situated in Dori Bazar in front of Gandhi Park, Mathura, an information was given to him on, telephone on 20.6.2008 at about 6.00 p.m. by his neighbour Pankaj Agrawal, who informed the applicant that the maid servant has told that your wife is not in the house, which is closed and child is alone in the house. On getting this infor­mation, the applicant came to his house and found that the house was locked from outside and his wife was not in the house, whereas he had gone to his shop leaving his wife Smt. Tripti and son Kanak in the house at about 10.00 a.m. The applicant made search of his wife here and there, but in vain. When the lock of the house was opened in presence of other persons, the child was found tied, who was sleeping on the bed. The wife of the applicant was searched in the house, but she could not be traced out. On getting information, the par­ents of the applicant also came there. Fur­ther case of the prosecution is that when in the intervening night of 20/21.6.2008 at about 2.00 a.m. the mother of the applicant opened the bed with a view to take out gadda, the dead body of Smt. Tripti was found lying inside the box of the bed. After conducting inquest proceedings of the dead body, the post-mortem examination was conducted on 21.6.2008 at 3.30 p.m. Ac­cording to the post-mortem report (Annexure-2), ante-mortem injuries were found on the person of deceased and cause of death was asphyxia as a result of ante-mortem neck injuries.

(3.) I have heard lengthy arguments of Sri V.P. Srivastava, learned Senior Counsel, assisted by Sri Parshu Ram Chaturvedi, appearing for the applicant, Sri Pulak Ganguli Advocate, representing the father of deceased and AGA for the State.