Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30770 of 2016 Applicant :- Jagdish Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Srivastava,Harsh Kumar Sharma,Manu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Manu Sharma, learned counsel for the applicant, Sri R.K.Mishra,learned Brief Holder for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the deceased was a patient of epilepsy since before her marriage, on account of which she died, as is evident from the statements of the villagers recorded under Section 161 Cr.P.C.He next argued that the cause of death of the deceased could not be ascertained, hence, viscera was preserved and as per the viscera report no poison was found.He argued that the applicant was a poor person and his marriage was not being solemnized, hence he married the deceased knowing the fact that she was a patient of epilepsy and he was living separately with his wife from his other family members.He next argued that no specific role has been attributed to the applicant and general role has been assigned to him. The applicant is in jail since 29.2.2016.
Learned AGA has vehemently opposed the prayer for bail and submitted that the deceased was pregnant and she died an unnatural death within seven years of her marriage and ante mortem injuries were also found on her person.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant-Jagdish involved in Case Crime No.47 of 2016, under Sections 498A, 323, 304B I.P.C. and Section 3/4 D.P.Act, Police Station Patwai, District Rampur.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of a certified copy of this order, if, there is no legal impediment.
Applicant is directed to produce a certified copy of this order before the trial Court concerned for its compliance.
Order Date :- 29.3.2018/NS