Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17695 of 2016 Applicant :- Smt. Bismillah Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.,Indra Raj
Hon'ble Vipin Sinha,J.
Counter affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 300/2015 under Sections 498A, 304B IPC & 3/4 D.P. Act police station Ganj Dundwara District Kasganj with the prayer to enlarge him on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
Accused-applicant is the mother-in-law of the deceased and she has been named in the FIR and a specific role has also been assigned to her in the dying declaration.
After hearing the learned counsel for the parties and after perusing the averments as contained in the present bail application and also looking to the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
However, looking to the period of detention of the applicant, it is directed that the aforesaid case pending before the court below be decided expeditiously, as early as possible on day to day basis in accordance with Section 309 Cr.P.C. and also in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the case of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220.
It is made clear that in case, the witnesses are not appearing before the court concerned, liberty is being given to the concerned court to take necessary coercive measures in accordance with law for ensuring the presence of the witnesses.
Office is directed to forward a copy of this order to the concerned court below for necessary compliance.
Order Date :- 20.9.2018 Anand