BHUPENDRA CHAUHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) - This bail application has been moved by the applicant Bhupendra Chauhan with a prayer that he may be released on bail in case crime No. 349 of 2009 under section 302 I.P.C., P.S. Kasganj, District Kanshi Ram Nagar.

(2.) THE facts, in brief, of this case are that the FIR has been lodged by Om Vir Singh on 26.6.2009 at 6.45 a.m. in respect of the incident which had occurred in the night of 25/26.6.2009 at about 3.30 a.m. It is alleged that the marriage of the deceased Neeru daughter of the first informant, was solemnized with the applicant on 13.3.2008, about one year after the marriage, the applicant started to live in a rented house at Bilram Gate, Kasganj, few days prior to the alleged incident, a policy of insurance of Rs.5 lacs was obtained in the name of the deceased on 25.6.2009, the deceased along with the applicant had visited the house of the first informant, in the evening, the deceased was taken by the applicant in his company though the deceased was not agreed to go, the deceased was taken to the rented house of the applicant, in the night at about 3.30 a.m. the deceased was shot dead by the applicant, the dead body of the deceased was lying on the roof of the room of Khushi Ram, she has been murdered to get the money of the insurance policy. According to the post mortem examination report, the deceased had sustained fire arm wound of entry, having its exit wound, the tattooing was present around injury no.1.

(3.) IN reply of the above contention, it is submitted by learned A.G.A and learned counsel appearing on behalf of the complainant that the deceased was brought by the applicant from her parental house with her desire in the evening of 25.6.2009 and on the same night, the applicant has killed his wife on the roof, its information has been given to police station immediately after the alleged incident by the applicant, the statement of Khusi Ram, the land lord of the house, has been recorded under section 161 Cr.P.C., he stated that the applicant often quarrel with his wife, the applicant was involved in satta business, he had taken the loan from many persons and to repay the loan, he wanted to marry with another woman, in a pre-planned manner, he obtained an insurance policy in the name of his wife for Rs. 5 lacs at about 3.30 a.m. he heard the shot of fire, he and one witness Ramesh Chandra saw the applicant was armed with country made pistol, thereafter, he entered into his room, the same statement has been given by witness Ramesh Chandra, there is no reason of false implication of the applicant therefore, the applicant may not be released on bail.