Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7009 of 2018 Applicant :- Ali Mohammad Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Ali Mohammad in Case Crime No.264 of 2017, under Sections 498A, 506 I.P.C. and 3/4 D.P. Act, P.S. Khekra, District Baghpat.
Heard Sri Rahul Kumar Tyagi, learned counsel for the applicant and Sri S.A..S. Abidi, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is that he is the husband and on that ground alone has been falsely implicated in the instant crime; that there was no demand of dowry or cruelty in connection with dowry demand immediately preceding the occurrence so as to attract the provisions of Section 304B IPC; that the parties had lived together for six years without trouble and have two children; that the deceased met with an accident by fire while cooking as asserted in paragraph 16 of the affidavit; that the in-laws upon the said mishappening have proceeded to lodge this First Information Report on extraneous considerations which is an opportunistic FIR; that it has been further argued that witnesses who have been cited on behalf of prosecution have filed affidavits categorically disowning the alleged statement attributed to them by the Investigation Officer which they have filed before the SP, a copy of which is annexed collectively as Annexure-6 of the affidavit and have now been made part of the case diary; and, that the applicant who is a respectable man with no criminal history is in jail since 29.07.2017.
Learned AGA has opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. He further submits that the applicant is the husband and, therefore, bears the highest order of responsibility. As such, he is not entitled to the concession of bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the evidence appearing in the case, the relationship of the applicant to the deceased who is the husband but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
The bail application, accordingly, stands rejected at this state.
Learned counsel for the applicant has pointed out that the case has not yet been committed. The Magistrate concerned is directed to commit the case within 15 days of receipt of a certified copy of this order which shall be forwarded by the office to the Magistrate concerned forthwith through the Chief Judicial Magistrate, Baghpat.
The trial court, upon committal of the case, shall proceed with the trial and conclude the same within six months next from the date of receipt of a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of the Hon'ble Supreme Court in the case of Vinod Kumar V. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court shall initiate necessary coercive measures for ensuring their presence positively.
Let a copy of the order be certified to the court concerned for strict compliance.
Order Date :- 23.2.2018 Shahroz