Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21447 of 2018 Applicant :- Amarsen Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant and learned AGA for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against the applicant alleging that the marriage of deceased Sangeeta was solemnized with applicant in the year 2002. On 3.10.2017, he assaulted Sangeeta, she received five injuries, died resultantly.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. There is no independent witness. There was no previous complaint 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 11.10.2017 (more than one year and one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is the husband of deceased. Deceased Sangeeta died in the house of applicant and she received five injuries due to which died.
Considering the submission 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 Amarsen involved in Case Crime No. 222 of 2017, under Section 304 & 342 IPC, Police Station Sikariganj, District Gorakhpur is hereby rejected.
Trial below is directed to decide this case under Section 309 Cr.P.C., expeditiously.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 30.11.2018 A. Singh