Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2612 of 2020 Applicant :- Ajay Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit, filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime no. 30 of 2019, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Munderwa, District Basti, with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is husband of deceased and he has not committed any offence. It was stated that applicant is a labour class person and resides in village, whereas his wife (deceased) has desired to lead an urban life and as applicant was unable to fulfill unnecessary expenses of deceased, she was under depression and committed suicide due to that reason. As per postmortem report, the cause of death of deceased has been shown Asphyxia as a result of ante-mortem hanging and that injuries sustained by deceased have been suffered while she was brought down from hanging position. All the witnesses belong to family of first informant. No specific allegations have been made against the applicant. The allegations regarding dowry demand and harassment of deceased are false and baseless. It was also submitted that alleged incident took place on 16.02.2019 but first information report was lodged after four days on 21.02.2019 and no explanation for delay in first information report has been shown. It has been further submitted that the applicant is languishing in jail since 01.04.2019, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that marriage of deceased with applicant has taken place only about two years prior to the incident and at the time of incident she was having pregnancy of four months. Learned A.G.A. submitted that in postmortem report, seven injuries have been shown on the body of deceased. It was stated that initially the first informant and his family members were told that deceased has committed suicide and after postmortem report, first informant and his family came to know that in fact deceased was harassed and injuries were also caused to the deceased and after that first information report was lodged.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Ajay Kumar is hereby rejected.
However, keeping in view period of incarceration of applicant, trial court is directed to expedite the trial and to decide the same preferably within a period of nine months from the date of filing of certified copy of this order, if there is no other legal impediment.
Order Date :- 16.8.2021 A. Tripathi