Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29913 of 2020 Applicant :- Anuj Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is the second bail application filed by the applicant husband seeking bail in Case Crime No.216 of 2017 under Sections 498A, 304B IPC & 3/4 D. P. Act, Police Station Shamshabad, District Farrukhabad.
The first bail application was rejected by this Court on 07.08.2019 after noticing that the deceased wife has given a dying declaration specifically stating that she was burnt by pouring kerosene oil on her by her husband on 04.04.2017. The present bail application has been filed stating that there is a minor child of three years who has to be looked after and that trial has not been concluded during the last four years.
Sri Prashant Kumar, learned A.G.A. appearing for the State, on the other hand, points out that trial has already advanced and nine witnesses have already been examined. So far as the interest of minor child is concerned it is admitted to the counsel for the applicant that child is with the family members of the accused husband and is being looked after, well.
So far as delay in trial is concerned it is apparent that substantial progress has already been made in the trial, which is nearing conclusion. In view of the fact that there is a specific implication of the applicant in the dying declaration on account of which his first bail application has been rejected this Court finds that mere delay in conclusion of trial cannot be a ground in the facts of the present case to enlarge the applicant on bail.
The present bail application is also, accordingly, rejected.
It is, however, provided that the court concerned shall make all endeavours to conclude the trial, after the proceedings commence post Covid-19 pandemic, by fixing fortnightly dates, and conclude the same at the earliest possible.
Order Date :- 6.5.2021 Ashok Kr.
Digitally signed by JUSTICE ASHWANI KUMAR MISHRA Date: 2021.05.06 18:54:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad