Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26637 of 2017 Applicant :- Ignitious Wilson @ Batu Opposite Party :- State Of U.P. Counsel for Applicant :- Gopal Misra Counsel for Opposite Party :- G.A.,Nazrul Islam Jafri
Hon'ble Rajul Bhargava,J.
Heard Sri Viresh Mishra, learned Senior Advocate assisted by Sri Gopal Mishra, learned counsel for the applicant, Sri Nazrul Islam Jafri, learned counsel for the 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.558 of 2016, under Sections 498A, 306 IPC and 3/4 of Dowry Prohibition Act, Police Station Naini, District Allahabad, with the prayer to enlarge him on bail.
Having heard learned counsels for the parties and taking into account the suicide note left behind by the deceased who happens to be the wife of the applicant in which it is stated that "even my husband tried to make me sleep with his friends which I never told to anyone", and several other allegations including the fact mentioned in the suicide note i.e., "Mujhe insaf chaheai. Mere husband ne meri gandi gandi photos ko bhe viral kar dea. Mujhe itna torture kea k ab aur bardasht nahe hai."
I am of the opinion, that prima facie it is sufficient to constitute the ingredients of word 'instigation' or 'abetment' to commit suicide, therefore, I do not find it to be a fit case for grant of bail to the applicant at this stage.
Without expressing any opinion on the merits of the case, I do not find it to be a fit case for grant of bail to the applicant.
The bail application is accordingly rejected at this stage.
Having regard to the fact that the applicant is in jail since 17.12.2016, the trial Court is directed to expedite the trial and conclude the same without granting unnecessary adjournment to either of the parties, on day to day basis, strictly in accordance with the provisions of Section 309(1) Cr.P.C., preferably within a period of six months from the date of production of a certified copy of the order. In case, the trial is not concluded within six months, the applicant may approach again before this Court for consideration of bail.
Let a copy of this order be sent to concerned Court below for intimation and necessary compliance within a week.
Order Date :- 24.4.2018 Hasnain