Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53824 of 2021 Applicant :- Gopal Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Ajatshatru Pandey,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri G.S. Chaturvedi learned Senior Counsel assisted by Sri Ajatshatru Pandey, learned counsel for the applicant; Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Gopal Verma with a prayer to release him on bail in Case Crime No. - 340 of 2020, under Sections - 498A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Meerapur, District - Muzaffar Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 29.10.2020, the applicant is in confinement since 30.10.2020.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the applicant has no criminal history.
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned Senior counsel for the applicant that there is no eye witness of the occurrence and that in fact the deceased died on account of suicide; the applicant has been falsely implicated; it has also been stated that co-accused have already been granted bail.
4. Learned A.G.A. has vehemently opposed the bail and submits that the medical evidence clearly establishes that the occurrence was homicidal.
5. Having heard learned counsel for parties and having perused the record, insofar as it is undisputed that the occurrence took place inside the house of the applicant wherein the deceased was living with him as his married wife and the marriage was also recent of the year 2019, no ground made out for grant of bail as the cause of death is claimed to be strangulation.
6. Accordingly the bail application is rejected.
7. However, it is expected that the trial court shall proceed with the trial with utmost expedition and endeavour to conclude the trial most expeditiously and without granting any unnecessary adjournments to either the parties.
Order Date :- 21.12.2021 Faraz