Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10050 of 2019 Applicant :- Alamgir Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Mishra,Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three persons including the applicant and two ladies alleging that the wife of applicant Jantuun Nisha was killed on 8.6.2015 at 6 A.M. According to post-mortem report there was injury on the neck of the deceased and her hyoid bone was found fractured. The dead-body of the deceased was found in the house of applicant. F.I.R. was lodged by village chowkidar on 8.6.2015.
Learned counsel for the applicant submitted that the applicant due to husband of the deceased has been falsely implicated in the present case. No incriminating article was recovered on the pointing out of the applicant. There is no independent witness and no legal evidence against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.6.2015 (more than four years and three months) having no criminal history. The two other accused are ladies and they have been enlarged on bail by this Court.
In compliance of previous order of this Court, only one witness has been examined.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is accused and since the dead body was recovered from the house of the applicant, the presumption of Section 106 of Indian Evidence Act will lie against the applicant. The deceased was killed and her hyoid bone was found fractured and two other accused are ladies. There is no cause of false implication. Hence, applicant is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 Alamgir involved in S.T. No. 562 of 2015 arising out of Case Crime No. 560 of 2015 under Section 302, 34 IPC, Police Station Jhataha Bazar, District Kushi Nagar is hereby rejected at this stage.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Kushinagar are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Kushinagar is also directed to monitor the case on monthly basis in the Monitoring Cell.
The court concerned is also directed to send a detail report with explanation after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Office is directed to send a copy of this order to D.M. & S.P./S.S.P,- Kushinagar as well as to the court concerned within three days for compliance.
Order Date :- 26.9.2019 Manish Tripathi