Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6409 of 2019 Applicant :- Dilip Kumar Kannojiya Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Singh,Anand Kumar Tiwari,Shiv Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Counter affidavit filed on behalf opposite party, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is husband of the deceased, who has committed suicide by hanging. At the time of incident, the door was closed. There is no question of demand of dowry. Being husband, he has been falsely been implicated in the offence. He is entitled to be released on bail.
Learned A.G.A. has opposed the prayer for bail. He has submitted that the victim has died with unnatural death within 7 years of her marriage. Allegation of demand of dowry and torture has been mentioned in F.I.R. She was pregnant at the time of hanging and no reason has been shown for her suicide.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, 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 Dilip Kumar Kannojiya, involved in Case Crime No.407 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station- Maduwadih, District-Varanasi is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously preferably within a period of 18 months from the date of production of certified copy of this order according to law and keeping in mind provision of Section 309 Cr.P.C. without granting any unnecessary adjournment, if there is no legal impediment.
A copy of this order be transmitted to the Court concerned for necessary compliance.
Order Date :- 27.11.2019//SK Goswami