Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15775 of 2018 Applicant :- Arvind Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
The present bail application has been filed by the applicant in Case Crime No. 402 of 2016, u/s 498A, 304B IPC and 3/4 D.P. Act, P.S. Islamnagar, District Badaun with the prayer for enlarging him on bail.
Heard Sri Bharat Singh, learned counsel for the applicant, learned AGA for the State and perused the record.
As per the admitted case, the deceased died within four years of the marriage on account of burn injuries. The applicant is the husband of the deceased against whom there are specific allegation of demand and torture. Learned counsel has filed supplementary affidavit annexing therewith statement of the witnesses recorded during trial. Based on which he has advanced argument that though first informant has supported the prosecution case in examination in chief, however, he resiled in his cross examination. Besides it, other two witnesses have also not supported the prosecution case.
I may record that at this stage this Court can not scan the evidence and it can very well be considered during trial and on the basis of statement of the witnesses recorded during trial, bail cannot be granted to the applicant.
The bail application is, accordingly, rejected.
However, it has been stated by the counsel for the applicant that the applicant is in jail since 12.7.2016. The trial court is directed to expedite the trial and conclude the same preferably within the period of six months from the date of production of the certified copy of this order before the trial court.
Order Date :- 30.4.2018 Dhirendra/