Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1621 of 2021 Applicant :- Divesh Van Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.,Arya Suman Pandey
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by the learned counsel for the applicant and short counter affidavit filed by the learned counsel for the first informant, are taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 281 of 2020, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Mainather, District Moradabad with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is husband of deceased and that he has not committed any offence. It was second marriage of deceased with applicant and her first husband has died only some months prior to the incident and she was upset and due that reason she has committed suicide. Learned counsel submitted that only general allegations of dowry demand and harassment of deceased have been levelled. In postmortem report there is no injury on the body of deceased. Learned counsel has referred the statements of some independent witnesses, who have inter alia alleged that they have never seen any fighting between deceased and her husband. Learned counsel submitted that the first informant has also submitted an affidavit to the effect that deceased was upset due to her first husband and that she was not killed or harassed by applicant and her family members. Learned counsel submitted that in view of affidavit of first informant, no case is made out against the applicant. It has been further submitted that applicant is languishing in jail since 29.07.2020, having no criminal history and that in case the applicant is released on bail he will not misuse the liberty of bail and cooperate in the trial.
Learned counsel for the first informant has not opposed the bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is husband of deceased and that deceased has suffered unnatural death at her matrimonial home within a short span of two months of her marriage and that there are allegations against applicant and his family members that they used to harass the deceased on account of dowry demand.
Perusal of record shows that the marriage of deceased with applicant has taken place only two months prior to the incident and deceased has suffered unnatural death at her matrimonial home. During investigation informant and his other family members have made allegations that deceased was being harassed for dowry. Subsequent affidavit of first informant cannot be considered at this stage and that such affidavit can never be made basis for grant of bail.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Divesh Van is hereby rejected.
However, keeping in view period of incarnation of applicant and facts of the matter, it is directed that trial court shall make every endeavor to decide the case expeditiously.
Order Date :- 30.7.2021/A. Tripathi