Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6742 of 2015 Applicant :- Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Pathak Counsel for Opposite Party :- Govt. Advocate,Mohit Jankheda
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Anurag Pathak for the applicant and Additional Government Advocate for the State of U.P.
Deepak (applicant) is in jail since 21.5.2014 in Case Crime No.124 of 2014 under Section 304B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Gagal Hedi, district Saharanpur.
F.I.R. of the incident dated 01.05.2014, was lodged on the same day at 12-30 P.M. In the F.I.R. it has been stated that Rupa was married to Deepak son of Laxmichandra on 06.12.2011. At the time of marriage dowry was given according to the capacity of in-laws but husband was not doing any job, therefore, he was pressurizing the deceased to bring money from her parents. At about 10-30 A.M. on 01.05.2014 Naresh (mediator) informed the first informant on telephone that Rupa was burnt by pouring kerosene oil. When they came on the spot they found the dead body of Rupa in a burnt condition.
The counsel for the applicant submits that in the inquest it has been found that door of the room of the deceased was broken and iron bolt along with a lock was hanging. Therefore, she had committed suicide and the applicant was not liable to be implicated in the case.
A perusal of the inquest shows that one of the doors was found in a broken condition. Therefore, the lock put on the doors from inside the room was immaterial. There is no explanation of unnatural death of his wife which had occurred within seven years of marriage. No case for bail is made out. The relief of bail to the applicant is rejected.
However, the application is disposed of directing the trial court to expedite the trial and conclude the same without granting unnecessary adjournments to either of the parties.
Order Date :- 24.8.2018 mt