Court No. - 51
Case :- CRIMINAL APPEAL No. - 178 of 2016 Appellant :- Edal Singh Respondent :- State Of U.P.
Counsel for Appellant :- Virendra Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Order on Criminal Misc. Bail Application
Counter affidavit filed in Court today, is taken on record.
Heard learned counsel for the appellant and learned AGA for the State perused the record.
This is a bail application filed on behalf of the appellant, namely, Edal Singh in the instant criminal appeal.
Contention of learned counsel for the appellant is that the incident is said to have taken place at about 5:30 in the morning and the body was found in the house of the appellant who is the husband and there is an allegation that the wife was in an illicit relationship with a villager and on account of which, the appellant has committed murder of his wife and the burden under Section 106 of the Indian Evidence Act has not been discharged by the appellant; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
However, learned AGA has opposed the prayer for bail with the contention that the appellant who is the husband has committed murder of his wife and the weapon said to have been recovered from the house of the appellant has been connected with the crime and the burden under Section 106 Indian Evidence Act has not been discharged by the appellant.
Without expressing any opinion on the merits of the case and also looking to the seriousness of the allegations, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out. Accordingly, the prayer for bail is hereby rejected, at this stage.
Order Date :- 24.9.2018 Anand