Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8588 of 2019 Applicant :- Budhsen Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being husband of deceased; that as per averments made in F.I.R. deceased was married to applicant about 2 years ago and she was being treated with cruelty for non-fulfilment of demand of Rs.5 Lac as dowry apart from which applicant was having illicit relationship with Rekha Devi and was pressurizing deceased for obtaining divorce and on 17.2.2018 at about 8:00 p.m. applicant and co-accused persons after committing mar-peet with deceased and pouring kerosene on her put her on fire resulting in superfecial to deep burn injuries upto 70% on account of which she died on 22.2.2018; that applicant neither made any demand of dowry nor treated deceased with cruelty for non- fulfilment of demand of dowry; that deceased sustained accidental burn injuries and was immediately taken to District Hospital Pilibhit through Ambulance No.108 by Chetan Prakash, younger brother of applicant and subsequently deceased was got admitted by applicant at Ram Kishore Memorial Hospital Stadium Road, Bareilly for better treatment but she breathed her last on 22.2.2018; that applicant did neither pour kerosene on deceased nor put her on fire rather he tried his best for saving life of deceased and remained with her during treatment; that applicant was not present at the time of incident and was doing job as labour in another district at that time; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 5.3.2018.
Learned A.G.A. vehemently opposed prayer of bail and contended that deceased was second wife of applicant and his first wife Suman was also died due to burn injuries as stated by first informant in his statement under Section 161 Cr.P.C. at Annexure-6; that deceased was being treated with cruelty for non-fulfilment of demand of dowry; that it is wrong to say that at the time of incident applicant was not present at the spot or was working elsewhere, moreover he has not dared to make specific allegations in support of false plea of ali bi; that applicant has failed to discharge burden and rebut the presumption of dowry death against applicant under section 113(B) of Indian Evidence Act; that applicant if released on bail shall misuse liberty of bail and delay and defraud fair trial.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I do not find it a fit case for bail.
The bail application of applicant Budhsen in Case Crime No.68 of 2018, under Sections 323, 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Jahanabad, District Pilibhit, is rejected accordingly.
However, the trial court is requested to conclude the trial as expeditiously as possible, in accordance with law without granting unnecessary adjournments to either party.
Order Date :- 27.2.2019 Kpy