Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17047 of 2017 Applicant :- Dhanseth Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and Sri C.P. Singh, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that the applicant is husband of deceased due to which he has been falsely implicated in the present. There is no independent witness against the applicant. There is no possibility to get this case decided in short period in future. Deceased committed suicide herself and cremated the dead body of deceased in presence of family members of her parental house. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.9.2016 (more than two years and eight months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is husband of deceased. Deceased was died within seven years of her marriage and death was unnatural and cremated the dead body of deceased without postmortem. Presumption under Section 113-B of Evidence Act will lie against the applicant. Trial is going on. Hence he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Dhanseth involved in S.T. No. 445 of 2016 as well as Case Crime No. 108C of 2016, under Sections 498-A, 304-B, 201 IPC & Section 3/4 Dowry Prohibition, P.S. Patwai, District Rampur is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. preferably withing six months, if there is no any legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 29.5.2019 A. Singh