MOHAN ALIAS PAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) PRAYER for bail in this bail application under Section 439, Code of Criminal Procedure has been moved on behalf of the applicant Mohan alias Pappu, son of Bhuri Singh, who is facing trial in S.T. No. 29 of 2008, arising out of Case Crime No. 534 of 2007, under Sections 498A, 302 and 201, I.P.C. and Section 3/4, D.P. Act P.S. Etmaddaula, district Agra.

(2.) THE applicant Mohan alias Pappu, is the husband of Smt. Sunita, who died within a period of seven years of her marriage, due to asphyxia as a result of smothering. Her dead body was found lying on 11.8.2007 at about 5.00 p.m. on the bank of Yamuna river, village Nagla Bihari within the limits period of P.S. Etmaddaula, district Agra. Information about the dead body was given at P.S. Etmaddaula by one Babloo. The said information was lodged in G.D. No. 50, on 11.8.2007 at 6.10 p.m. on the basis of that information the inquest on the dead body was conducted and post -mortem examination was also conducted on 15.8.2007. According to the post -mortem report (Annexure -3), ante -mortem injuries were found on the person of the deceased and cause of death was asphyxia as a result of ante -mortem smothering. Sri Bhim Sen, father of the deceased lodged an F.I.R. on 16.8.2007 at P.S. Etmaddaula (Agra), where a case under Sections 498A, 304B and 201, I.P.C. and Section 3/4, D.P. Act was registered at Case Crime No. 534 of 2007 against (1) Mohan alias Pappu (applicant herein), (2) Matre Lal, (3) Kali Charan, (4) Gautam Singh, (5) Bhuri Singh and (6) Vishna Devi.

(3.) THE first and foremost submission made by learned Counsel for the applicant was that the complainant Bhim Sen has been examined in trial Court as P.W. 1, in S.T. No. 29 of 2008, but he has not supported the case of the prosecution, and hence the applicant is entitled to be released on bail on this ground. For this submission, my attention has been drawn towards statement of Bhim Sen, which has been filed as Annexure -S.A. 1 to the supplementary -affidavit.