Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28413 of 2018 Applicant :- Devanand Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Singhal,Vijay Prakash Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
By means of this application, the applicant who is involved in case crime no. 0272 of 2017, under Sections 498A, 304B IPC and Section 3/4 D.P. Act Police Station-Chopan District-Sonbhadra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that F.I.R. was lodged by the first informant, father of the deceased against the sole applicant for the alleged incident said to have been taken place on 06.12.2017. No other family members have been named in the FIR. As per FIR, the marriage of the daughter of the first informant was solemnized with the applicant on 21.05.2017. She was subjected to cruelty by the applicant(husband) for demand of Rs. 50,000/- and a golden chain. The deceased died within seven years of her marriage. Learned counsel further submitted that the applicant is in jail since 21.12.2017, having no criminal antecedents to his credit.
As per post mortem report, the cause of death is ante mortem hanging. The applicant is the husband of the deceased. The reason attributed that the deceased was a graduate lady and the applicant was failed in matriculation and due to this, there was a incompatible discord between husband and wife. But the fact remains that the deceased died at the residence of the applicant under unnatural circumstances.
Learned A.G.A. opposed the bail prayer and submitted that there is an unnatural death of the wife within seven years of her marriage at the residence of the applicant.
Under the circumstances, I do not find any good reason to grant indulgence to the applicant.
Thus, the bail application stands rejected.
It is expected from the learned trial court to gear up the trial and made necessary endeavour to conclude the trial within one year provided the applicant fully cooperates in conclusion of the trial.
Office is directed to transmit the copy of this order to the learned trial court within 15 days for intimation and necessary compliance.
Order Date :- 30.7.2018/Sumit S