Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34898 of 2018 Applicant :- Ajay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivam Yadav,Akhilesh Singh,Niklank Kumar Jain Counsel for Opposite Party :- G.A.,Ram Badan Maurya
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant and the 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. 171of 2018, under Sections 498-A,304- B I.P.C., and section 3/4 D.P. Act Police Station Ecotech- III District Gautam Budh Nagar with the prayer to enlarge him on bail.
In the first information report which has been lodged by the brother of the deceased, it has been alleged that the deceased- Anuradha was married to the applicant Ajay on 5.6.2017. Sufficient dowry was given at the time of marriage, despite that, the deceased was harassed by her husband as well as in-laws for additional dowry and she was also assaulted by them. It is stated that on 4/5.5.2018, at about 12.00 mid night, an information was received by the informant that the deceased has been killed by her husband and in-laws. It is alleged that upon receipt of the information, the informant reached the place and found that the deceased has been taken to the hospital. At the hospital the deceased was found dead.
The post mortem revealed that the deceased died due to asphyxia as a result of ante mortem hanging.
During the course of investigation, the statement of the land lord of the applicant and her neighbour Preeti was recorded, they both disclosed that the applicant use to harass and assault the deceased and they could shrieks from the neighbourhood.
The contention of the learned counsel for the applicant is that during the course of investigation other accused have been exonerated, and from the statement of informant, it does not appear to be a case that dowry was demanded. It has been submitted that in the circumstances, the offence punishable under section 304-B I.P.C. is not made out. It has been submitted that the applicant is innocent with no previous criminal history; he is in jail since 5.5.2018 and, in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that as evidence is coming from a neighbour that the deceased has been tortured and harassed by the applicant, even if there may not be evidence of demand of dowry, an offence punishable under section 306 I.P.C. is still made out and since the deceased died within seven years of her marriage, there would be presumption available against the applicant under section 113A of the Evidence Act.
I have given thoughtful consideration to the rival submissions. Without expressing any opinion on the merits of the allegations, this Court does not find it to be a fit case for grant of bail to the applicant. The bail application is rejected with a direction to the trial court to endeavour to conclude the trial, expeditiously.
Let a copy of this order be sent to the trial court for information and compliance.
Order Date :- 29.5.2019 N.A.