Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7198 of 2018 Applicant :- Anil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Behari Mathur Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Anil Kumar in connection with Case Crime No. 289 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Shahzad Nagar, District Rampur.
Heard Sri M.B. Mathur, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that he is the husband; that his wife has died a natural death on account of heart failure-cardiac arrest, a fact asserted in words of sorts stated in paragraph no. 13 of the affidavit; that the post-mortem report shows that cause of of death could not be ascertained and viscera have been preserved but the viscera report from the concerned FSL is not yet in hand; that it is also submitted that there has never been any demand of dowry or cruelty in connection with dowry demand immediately preceding the occurrence; that it has also been submitted that looking to the time period of marriage which was just four months, a case of dowry demand in that short period of time is absolutely incredible; and, that the applicant who is a respectable man with no criminal history who is in jail since 21.08.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. As such, the applicant is not entitled to bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, 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.
Accordingly, the bail application stands rejected at this stage.
It is pointed out that the case has been committed to the sessions where S.T. No. 406 of 2017, 'State vs. Anil Kumar and others' is pending before the learned Sessions Judge, Rampur. The learned Sessions Judge is directed to proceed with the trial expeditiously and conclude the same within a period of six months next positively 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 Hon'ble Supreme Court in the case of Vinod Kumar vs. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
In case, witnesses do not appear on the first summon being issued, prompt and necessary coercive measures be issued against the witnesses and once they appear, they shall not be discharged until conclusion of their evidence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 26.2.2018 Deepak