Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7255 of 2019 Applicant :- Akhilesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Priya Singh,Anurudh Kumar Prajapati,Arun Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case only on the ground that he is the husband. He was not present at the time of occurrence at his residence the deceased has committed suicide by hanging. The applicant is languishing in jail from 01.05.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. opposed the prayer for bail and submitted that the deceased was mother of an infant child. There is no cogent reason to commit suicide. He has further submitted that the victim has died with an unnatural death in her matrimonial house within 7 years of her marriage. The F.I.R. indicates that there was demand of dowry and torture. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicant- Akhilesh Kumar involved in Case Crime No. 61 of 2018, under Sections 498A, 304B I.P.C. and under Section 3/4 D.P. Act, P.S. Gajner, District- Kanpur Dehat is hereby rejected at this stage.
It is directed to the trial court to decide the case expeditiously and in accordance with provision of Section 309 Cr.P.C. without granting any unnecessary adjournment, if there is no legal impediment.
A copy of this order be transmitted to the Court concerned for necessary compliance.
Order Date :- 28.11.2019 Israr