Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8363 of 2014 Applicant :- Ganesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as Sri Om Narain Tripathi, learned A.G.A. for the State of U.P and perused the material available on record.
By way of the instant application, the applicant seeks bail in Case Crime No.255 of 2013, S.T. No.584 of 2013, under Sections 498A, 302, 326, 323, 504, 506 I.P.C. Police Station Jhangha, District Gorakhpur.
Contention raised on behalf of the applicant before this Court is that the applicant has been in jail since 04.08.2013 and the trial has not been completed so far. Only base of the detention is the dying declaration which will be tested during the course of evidence before the trial court, except that there is no iota of evidence against the applicant. The applicant himself got his wife admitted in the hospital. The fire caught the applicant's wife while she was cooking food. The applicant has no motive to commit offence. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 04.08.2013.
Per contra, learned A.G.A. has submitted that the material brought on record shows that the applicant is perpetrator of the crime. He being custodian of his wife has misused his position and set his wife to flame which ultimately resulted into her death and dying declaration is specific against the applicant that he caused burn injury to his wife.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the instant bail application is rejected, at this stage.
The observation made shall not have any bearing on the merit of the case and the trial court will not prejudice while deciding the trial. It is expected that the trial court shall not occasion any delay and will exhaust all remedies to decide the trial on priority basis within shortest period.
Order Date :- 30.1.2019 rkg