Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11698 of 2021 Applicant :- Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Bhole Ram Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over this second bail application moved by accused- applicant Gautam in Case Crime No. 105 of 2017, under Section 498-A, 304-B I.P.C. read with Section 3/4 of D.P. Act, Police Station Mohabbatpur, District Kaushambi.
First bail application was rejected by this court vide order dated 13.10.2020.
The only ground being said to be additional ground for moving this second bail application is that the trial could yet not been concluded and applicant is languishing in jail since 29.3.2019.
Learned A.G.A. has vehemently opposed with this contention that it was a case of dowry death, punishable under Sections 498-A, 304-B I.P.C. read with Section 3/4 of D.P. Act, wherein, unnatural death on 5.7.2017 was there and the marriage was of 7.5.2015. Applicant being husband has reported death owing to snake bite, but in viscera analysis report, presence of aluminium phosphide was found. Hence, it was unnatural death within two years of marriage, wherein, cruelty with regard to demand of dowry was there. The first bail application was rejected on 13.10.2020 and owing to Covid-19 pandemic, the recording of evidence was not possible. Hence, this delay, being said to be additional ground, is of no avail.
Having heard learned counsel for both sides and gone through the material placed on record, it is apparent that this Court, while rejecting first bail application vide order dated 13.10.2020, had given reason for non grant of bail. The additional ground being pressed is not of material force. There is no sufficient ground for bail.
Accordingly, present bail application is being rejected.
Order Date :- 7.10.2021 Kamarjahan