Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7845 of 2018 Applicant :- Ashok Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 157 of 2016, under Sections 498A, 302 IPC and 3/4 D.P. Act, P.S. Pailani, District-Banda, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is husband of deceased. As per prosecution case, the marriage of the applicant was solemnized with deceased on 08.07.2008. Thereafter, the applicant and his family members started harassing and torturing the deceased on account of non- fulfilment of demand of dowry. From the wedlock of the deceased and applicant, one son and three daughter were born. The son was already died. On 23.11.2016, the information was given by the applicant to the parents of the deceased that his daughter had died and dead body of deceased is hanging on tree in a jungle. The family members of the deceased immediately rushed to her matrimonial house and thereafter lodged the FIR against the applicant and his other family member. During the course of arguments, learned counsel for the applicant informed the Court that out of three daughters of the deceased, one daughter has also committed suicide. In the trial three prosecution witnesses have been examined. The applicant is in jail since 24.11.2016. Lastly, it is submitted that applicant will not misuse the liberty of bail.
Per contra, learned AGA opposed the bail by contending that there is specific allegation of committing murder against the applicant. The case of other co-accused persons, who have been granted bail by this Court is distinguishable from the applicant, therefore, the applicant is not entitled for the same relief. Since, the trial is in progress, therefore, the bail application of the applicant is not liable to be allowed.
After having heard the arguments of learned counsel for the parties and considering the facts and circumstances of the case, I do not find any good ground to grant bail to the applicant. The bail application of the applicant-Ashok Nishad is hereby rejected.
However, trial court is directed to expedite the trial of the applicant preferably within a period of nine months without granting any unnecessary adjournment to the parties concerned.
Order Date :- 31.7.2019 AK Pandey