This third bail application has been moved on behalf of the applicant Badey Lal who is involved in Case Crime No. 665 of 2011, under sections 498A, 304B, 302 IPC and 3/4 D.P. Act, P.S. Gilaula, District Shrawasti. The first bail application of the applicant was rejected on 12.11.2013 for non- prosecution and the second bail application of the applicant was rejected on merit on 9.4.2014 by another bench of this Court.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. There is general allegation against the applicant. No specific role has been assigned to the applicant. It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made against the applicant. It has further been submitted that co-accused Bitta Devi and Nan Babu mother-in-law and Jeth of the deceased have already been granted bail by another bench of this Court vide orders dated 27.2.2013 and 5.2.2013 respectively, therefore, the applicant is also entitled for bail. There is no criminal history against the applicant and is in jail since 12.6.2011.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that the applicant is father-in-law of the deceased who is head of the family. In postmortem report incised wounds have been found on the body of both the deceased. The Hasia used in the commission of the murder of the deceased was also recovered on the pointing out of the applicant. It has further been submitted that in this case, the statements of witnesses of the fact have been recorded in which they have supported the prosecution version. It has further been submitted that in this case, the statements of 13 witnesses have been recorded by the trial court. The person who were released on bail are mather-in-law and Jeth of the deceased. The applicant is head of the family and no information with regard to the death of the deceased has been given to the Police Station concerned. It has further been submitted that the second bail application of the applicant has been rejected on the merit. There is no new ground in this third bail application, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant Badey Lal is hereby refused and the bail application is rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of four months from the date of production of the certified copy of this order.
Order Date :- 5.2.2016 A.