Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12045 of 2019 Applicant :- Arun Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Rejoinder affidavit filed by the learned counsel for the applicant, taken on record.
The instant bail application has been filed for bail of applicant- Arun involved in S.T. No. 196 of 2016 arising out of Case Crime No. 395/2015, under Sections 498-A, 304-B and 302 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961, P.S. Rampur Maniharan, District Saharanpur.
Heard learned counsel for the applicant and the learned A.G.A. for the State and peruse the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Learned counsel further submits that the applicant is the husband of deceased and he was not present at the time of occurrence on spot. Learned counsel further submits that the co-accused i.e. father-in-law has already been enlarged on bail. Applicant is law abiding person and languishing in jail since 22.12.2015. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail of the applicant submitting that the applicant is the husband of the deceased and the deceased had died within three years of her marriage inside her matrimonial house due to severe burn injures. Learned A.G.A. further submits that the offence is very brutal and grievous in nature. Hence, the applicant is not entitled to be released on bail.
Looking into the nature of offence as it is very serious offence, without expressing any opinion on the merit of the case, I find that there is no good ground to enlarge the applicant on bail.
The bail application is, accordingly, rejected.
However, as the accused is languishing in jail since 22.12.2015 and most of the witnesses have been examined as alleged by the learned counsel for the applicant, Trial Court is directed to conclude the trial within four months or as expeditiously as possible.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 17.12.2019 Saurabh