Allahabad High Court
Dipesh Chaubey vs State Of U.P. on 26 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17679 of 2019
Applicant :- Dipesh Chaubey
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Chaubey
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Dipesh Chaubey who is involved in Case Crime No. 240 of 2016, under section 302 IPC, P.S. Aurai, District Sant Ravi Das Nagar (Bhadohi).
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is husband of the deceased. The marriage of applicant was solemnized with deceased on 20.5.2009. There was no dispute in between the husband and wife. The FIR of the alleged incident was lodged by Basudev Mishra, grand uncle of the deceased, against the applicant, 3 other named and 2 unknown persons. The name of other named co-accused were exonerated on the basis of affidavit filed on behalf of informant as well as witnesses. Only the charge-sheet was submitted against the applicant. It has further been submitted that there is no eye witness of the alleged occurrence. Informant Basudev Mishra is not the eye witness of the alleged occurrence. The applicant has not committed the alleged offence. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. There is no direct evidence against the applicant. The applicant has no criminal history and is in jail since 6.9.2016.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that the applicant is husband of the deceased. The dead body of the deceased was found in the bed room of the applicant. At the time of postmortem 3 ante mortem injuries were found on the body of the deceased. Injury no. 1 is lacerated wound on root of nose. Injury no. 2 is lacerated wound on right ear and incised wound which was bone deep was found on the neck of the deceased. The applicant was having suspicion about the character of the deceased, therefore, he committed the murder of the deceased in his house. The dead body of the deceased was found in the house of applicant and no explanation has been given by the applicant in this regard. The applicant has committed the murder of the deceased, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Dipesh Chaubey is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of one year from the date of the production of the certified copy of this order, if there is no legal impediment.
Order Date :- 26.4.2019
Masarrat
