Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54533 of 2019 Applicant :- Inayat Opposite Party :- State of U.P. Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for applicant and learned AGA for State and perused the materials available on record.
Accused-applicant, involved in Case Crime No. 103 of 2019, under Sections 498-A and 304-B IPC and 3/4 DP Act, Police Station Kothbhar, District Maharajganj, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Accused-applicant is innocent and has been falsely implicated in the present case; he has committed no offence.
(ii) The accused-applicant is a husband of deceased. Marriage of deceased with the accused- applicant was held in 2013 and the incident occurred in 2019. Death of deceased could not be ascertained. Viscera was preserved by the doctor but no Viscera report has yet received. He did not demand any dowry. Although charge-sheet has been filed against the accused-applicant a long back but trial is not in progress and no any witness from the side of prosecution has been yet recorded in the trial Court. Victim / deceased committed suicide for which applicant is not responsible.
(v) Applicant is in Jail since 10.06.2019 having no credible evidence.
(vi) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail and submitted that accused-applicant is husband of the deceased and it was his duty to keep her wife safe.
Considering the entire facts and circumstances of the case, rival contentions of learned counsel for the parties, manner in which victim died, relation of applicant with the deceased, I do not find any good ground to release the applicant on bail.
Accordingly, the present bail application is hereby rejected.
However, trial Court is directed to conclude the trial expeditiously and not later than one year. Prosecution shall extend full cooperation in early disposal of trial.
Order Date :- 20.12.2021 Akram