Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35042 of 2017 Applicant :- Chadrawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Murly Dher Mishra,Prabhat Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
This third bail application has been filed seeking the release of the applicant on bail in Case Crime No.316 of 2015, under Sections 498A, 304B, 323, 326, 352 and 504 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Phoolpur, District Azamgarh. The first and second bail applications were rejected by this Court on 3.8.2016 and 22.3.2017 respectively.
Learned for the applicant has tried to touch upon the merits of the case again and has submitted that on the ground of detention, the applicant may be enlarged on bail. Learned counsel for the applicant has been fair enough to admit that the trial is proceeding and the witnesses are being examined.
Heard learned AGA and perused the record.
Perusal of the earlier bail rejection order indicates that the merits of the case were gone into by the Court and it is a case in which the dying declaration of the victim was recorded by the Magistrate and strong incriminating evidence was given by the deceased against the applicant. It was the applicant, who set her ablaze after tying-up the hands of the deceased. In the light of unambiguous dying declaration it was not found a fit case to release the applicant on bail. There is no change in the situation. The merits of the case cannot be gone into again and again. The period of detention in a case of such gravity can also not be said to be so long drawn out which may constitute a legitimate ground to release the applicant on bail. Moreover, the trial has already started and it is for the trial court to go into the merits of the case and determine about the innocence and guilt of the accused-applicant and any finding about the evidence that has been produced in the trial court is likely to cause prejudice to the impartial judgment of the trial court. Suffice it say that prima facie there is strong evidence available against the applicant and there is no such fresh ground on the basis of which this Court may be persuaded to release the applicant on bail.
In the aforesaid background, the third bail application stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.3.2018 CPP/-