Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51706 of 2019 Applicant :- Dharmendra Rajput Opposite Party :- State of U.P.
Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
This bail application has been moved on behalf of the applicant Dharmendra Rajput, who is involved in Case Crime No. 110 of 2018, under sections 498A, 304-B IPC and Section 3/4 D.P. Act, P.S. Samthar, District Jhansi.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased on 20 June, 2018. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. The deceased died due to burn injuries. As per postmortem report superficial to deep burn present all over the body, scalp heir and sole and palm were also burn and smell of kerosene was also present on the body of the deceased. At the time of the alleged incident the applicant was not present at his house. The deceased has committed suicide herself. During the trial the statement of Ashok Kumar, maternal brother of the deceased has been recorded as P.W. 1. In his statement he has stated that the marriage of the deceased was solemnized by him as the mother and father of the deceased have died about 15-17 years ago from the marriage of the deceased. He has further stated that there was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. This witness has not supported the prosecution version and has been declared hostile.There is no cogent evidence against the applicant. The applicant is in jail since 21.11.2018.
Per contra; learned A.G.A. opposed the prayer for bail and argued that the deceased died within three months of her marriage an unnatural death due to burn injuries. The death of the deceased has taken place in the house of applicant. In first information report it has been mentioned that the deceased was harassed and tortured by the applicant and other co-accused due to non fulfilment of demand of dowry. The statement of other witnesses of fact has not been recorded by the trial court. The applicant is husband of the deceased, who is more responsible for safety and security of his wife, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant Dharmendra Rajput is hereby refused and the bail application is rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of four months from the date of the production of the certified copy of this order, if there is no legal impediment.
Order Date :- 27.11.2019 A.