Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7938 of 2019 Applicant :- Dheeraj Kumar Saxena Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhan Dubey,Surya Bhan Dubey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that marriage of applicant with deceased did take place about 15 years back; that it is wrong to say that applicant used to commit marpeet with deceased; that allegations that applicant after taking liquour used to commit marpeet with deceased are absolutely wrong and concocted; that first informant in his statement on oath as P.W.1 before trial court on 16.4.2018 has stated in his cross examination that he had lodged F.I.R. upon being insisted by neighbours; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 16.7.2017.
Learned AGA vehemently opposed the prayer of bail and contended that applicant under intoxication used to commit marpeet with deceased and in the night of 14/15.7.2017 he beaten her mercilessly, instigating her to commit suicide, following which she committed suicide by hanging herself; that postmortem report of deceased shows as many as 13 ante mortem injuries, apart from ligature mark and above injuries indicates abetment to commit suicide caused by applicant; that in his statement on oath, first informant has fully supported the prosecution case and nothing contradictory has come in cross examination; that the evidence is to be assessed by trial court at the time of final disposal of trial; that applicant is liable for the offence and if released on bail, shall misuse liberty of bail and delay and defraud fair disposal of 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 Dheeraj Kumar Saxena in Case Crime No.303 of 2017, under section 306 IPC, P.S. Subhash Nagar, District Bareilly, is rejected accordingly.
However, the trial court is requested to dispose of the trial expeditiously in accordance with law without granting any adjournment to either party.
Order Date :- 25.2.2019 Tamang