Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46623 of 2017 Applicant :- Ikram @ Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Ikram @ Sonu in connection with Case Crime No. 315 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Nagar, District Banda.
Heard Sri Ashutosh Upadhyay, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that it is a case of natural death where the deceased was patient of tuberculosis and during time she was also in the family way leading her to suffer acute health problem; that the submission is that the prosecution case that it is a case of poisoning the deceased to death is absolutely ill founded; that in the post- mortem report no cause of death has been ascertained and viscera have been preserved, the report of which is not in hand; that in the submission of the learned counsel for the applicant in the absence of viscera report the applicant cannot be kept confined as an under trial; and; that the applicant is a respectable person with no criminal history who is in jail since 14.7.2017.
Learned AGA has opposed the prayer for bail and stood by the prosecution case in paragraph No. 12 of the counter affidavit filed today in court that the applicant and other in-laws poisoned the deceased to death. The learned counsel AGA however submits that the viscera report will be available in some time but as of date evidence appearing against the applicant shows it is a case of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand thus disentitling the applicant to bail pending trial.
Considering the overall facts and circumstances, the nature of the allegation, the gravity of the offence, the evidence appearing against the applicant at this stage but without expressing any opinion on merits this Court does not find it to be a fit case for bail at this stage.
It is clarified that anything said in this order will not influence the trial court in their independent appreciation of evidence that is led at the trial.
Accordingly, the bail application stands rejected at this stage.
The trial court is directed to expedite proceedings and conclude the trial preferably within six months next from the receipt of a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar vs. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
It is submitted by the learned counsel for the applicant that the viscera were sent to the Forensic Science Laboratory and there is no report from the Forensic Science Laboratory concerned.
Looking to the aforesaid fact, the SP, Banda is directed to ensure that the viscera report relating to the case crime No. 315 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Nagar, District Banda becomes available and is placed on record within the shortest possible time preferably within two months.
It is however clarified that as and when a viscera report becomes available, the applicant may renew his plea for bail on making a fresh bail application, if so advised.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 30.3.2018 Deepak