High Courts(2008) 04 AHC CK 0129

Mathura vs State of U.P.

Allahabad High Court · Decided on 7 April 2008

HON’BLE JUDGES
Barkat Ali Zaidi, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 28180 of 2007

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Judgment

6 paragraphs · 173 words

Barkat Ali Zaidi, J.—A 28 year old lady has died of poisoning. She had no children and it appears from the postmortem as well as viscera report that she has been poisoned, and the husband along with two members of his family has been prosecuted by the Police and that too under sections 498A and 306 I.P.C.

2.

Heard Sri B.K. Tripathi, Advocate for the applicant and Sri Mohd. Israil Siddiqui, Addl. Government Advocate for the State.

3.

It is not possible for the present to say that it is a case of homicide or suicide, and the father of the lady who has lodged the FIR alleged that she was poisoned. The accused should have chargesheeted under section 302 I.P.C. and the Judge will consider at the time of framing charge.

4.

Since the lady died at the house of her husband of poisoning, there are no circumstances for explaining, and this feature alone is sufficient to arouse grave suspicion, and bail should therefore, be refused.

5.

Bail application rejected.

Bail Rejected.