Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30420 of 2019 Applicant :- Balwant @ Gullu Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri Mayank Misra, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against six persons namely, Raja Ram(father-in-law), Balwant @ Gullu(husband), Harnam(Jeth), Sarnam(Jeth), Ganna(Jithani) and mother-in-law alleging that Ranu(daughter of complainant) was married to applicant Balwant @ Gullu in the year 2008 but they used to torture her for non-fulfilment of demand of one motorcycle and Rs.2,00,000/- in dowry and on 16.6.2017 they set her on fire after pouring kerosene oil. Dying declaration was recorded wherein deceased stated that applicant had set her on fire after pouring kerosene oil and applicant was in drunken state.
Learned counsel for the applicant submitted that applicant is languishing in jail since 20.6.2017(more than two years and one month) having no criminal history. deceased died in her maternal home (Maika) and he had no concern with the incident. There is no independent witness or eye-witness account. Deceased had committed suicide. No case is made out against him.There is no possibility to get this case decided in near future due to heavy work load in trial Court. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned Brief Holder opposed and submitted that according to dying declaration of deceased, the applicant (husband) had set her on fire after pouring kerosene oil. Therefore, the bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application of applicant Balwant @ Gullu involved in Case Crime No.0630 of 2017, under Section 498A, 323, 504, 506, 307, 302 IPC and section 3/4 Dowry Prohibition Act, Police Station Kalyanpur, District Kanpur Nagar is hereby rejected.
Court concerned is directed to decide the case according to Section 309 Cr.P.C. if there is no legal impediment.
SSP/SP, Kanpur Nagar is directed to ensure presence of witnesses summoned by the Court concerned.
Office is directed to send copy of this order to SSP/SP, Kanpur Nagar and the Court concerned within five days by fax, e-mail and speed post.
Order Date :- 30.7.2019 P.P.