Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12415 of 2016 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhil Kumar Shukla,Girish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Shri Akhil Kumar Shukla, learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated for the unnatural death of his wife who died due to burn injuries; that as per averments made in F.I.R. lodged by brother of deceased, the applicant was a person of bad character and upon complaint by deceased, he used to commit marpeet with her and for the last six months, she was living in her maika and on 5.3.2014, she was fetched by applicant and his parents with assurance that she will not be beaten in future and on 25.3.2014, it was reported that she has immolated herself and in hospital she died at about 11:00 a.m.; that real fact is that deceased was suffering from mental problem and immolated herself; that it is wrong to say that applicant is a person of loose character or committed marpeet with his wife, the deceased; that entire prosecution story is false and incorrect; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 17.6.2014.
Learned AGA vehemently opposed the prayer of bail and contended that daughter of deceased has reported that deceased was beaten by her husband; that it is wrong to say that deceased was a mental patient and committed suicide by immolating herself; that as per another three months old report of Additional Sessions Judge, the trial Court, dated 18.4.2019, as many as nine prosecution witnesses have been examined in trial and 23.4.2019 was fixed for rest evidence; that trial is likely to be concluded in near future; that if the applicant is released on bail, he will misuse the liberty of bail and will delay and defraud the 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 Dharmendra Kumar in Case Crime No.185 of 2014, under sections 498-A, 304 IPC, P.S. Kotwali Farrukhabad, District Farrukhabad is rejected accordingly.
However, trial Court is requested to conclude the trial expeditiously and if possible within six months.
Order Date :- 31.7.2019 Anil K. Sharma