Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32772 of 2018 Applicant :- Ashutosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Kesari,Vikas Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Ashutosh seeks bail in Case Crime No.322 of 2017, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station- Jalaun, District- Jalaun.
This is second bail application on behalf of the applicant. The first bail was rejected by this Court on merits by an order dated 16.4.2018 observing that the applicant is the husband of the deceased who died within seven months of her marriage under unnatural circumstances at her matrimonial home and no plausible explanation for the unnatural death of the deceased was forthcoming. The second bail application has been moved on the ground that during trial PW-1, first informant and PW-2, uncle of the deceased have been examined and from their statements it can be safely inferred that the prosecution version of alleged demand of dowry is not established. He has also made an endeavour to point out certain contradictions between the statement.
In my opinion, as the trial is in progress and the witnesses have supported the prosecution version at this stage, I am not inclined to scan the testimony of the witnesses which may affect either of the parties. I do not find any fresh ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The second application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 25.6.2017, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of nine months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 21.1.2019 Vikas