Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17797 of 2021 Applicant :- Dilip Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Aditiya Narain Tiwari Counsel for Opposite Party :- G.A.,Anurag Shukla
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for informant, learned A.G.A. for the State and perused the record.
The second bail application has been filed by the applicant in S.T. No.47 of 2015 (State Vs. Dilip Kumar), Crime No.398 of 2014, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Bidhuna, District Auraiya with the prayer to enlarge him on bail.
It has been argued by learned counsel for applicant that applicant is innocent and he has not committed any offence. The first information report was lodged making false and frivolous allegations. It has been submitted that first bail application of the applicant was rejected by this Court vide order dated 20.7.2018 and the trial court was directed to expedite the trial and to conclude the same preferably within a period of six months from the date of production of the certified copy of the order before that court. It has been submitted that the trial of the case has been concluded so far and that now the applicant is in judicial custody since last six years and thus he may be granted bail.
Learned A.G.A. and learned counsel for informant have opposed the bail.
Learned counsel for informant has pointed out that above stated order dated 20.7.2018, by which the bail application of the applicant was rejected by this Court, has never been produced before the trial court and thus applicant cannot contend that said order has not been complied with. Learned counsel for informant has referred copy of order sheets and submitted that in fact the order dated 20.7.2018 has never been brought into the knowledge of the trial court. It has been further submitted that trial of the case is in progress and seven witnesses have already been examined. It was submitted that as per prosecution version applicant has caused death of his wife by causing fire arm injuries.
Considering the statements of the learned counsel for applicant and attending all facts and circumstances of the case, no case for allowing this second bail application is made out. Hence, this second bail application of the applicant is rejected.
However, the trial court is directed to expedite the trial and to conclude the same within a period of six months from the date of production/receipt of the certified copy of this order.
Office is directed to send a copy of this order to the court concerned.
Order Date :- 28.7.2021 Anil K. Sharma