Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35729 of 2018 Applicant :- Kalicharan @ Anurag Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan,Anil Kumar Srivastava,Janardan Yadav,Ravi Jha Counsel for Opposite Party :- G.A.,Hare Ram Pandey
Hon'ble Rajul Bhargava,J.
Heard Sri Anil Srivastava, learned Senior Advocate assisted by Sri Ram Bahadur Kushwaha, counsel for the applicant, Sri Hare Ram Pandey, learned counsel for the informant and learned A.G.A. for the State and perused the material placed on the record.
ApplicantKalicharan @ Anurag bail in Case Crime No.253 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Salempur, District Deoria.
This is second bail application moved on behalf of the applicant. First bail application was rejected by this Court on merits on 30.04.2018.
Learned senior counsel appearing for the applicant argued that while rejecting the first bail application, this Court has observed that at this stage genuineness and correctness of the dying declaration recorded by the Tehsildar cannot be determined. However, the statement of Tehsildar has been recorded during trial in which he has once again stated that the deceased had not levelled any allegation against the applicant who happens to be her husband and other accused persons.
In my opinion, it would not be proper for this Court to examine and analyse the statement of the Tehsildar recorded during trial.
Per contra, learned A.G.A. as well as learned counsel for the informant vehemently opposed the prayer for the bail.
In the facts and circumstances of the case,I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The second application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 14.12.2017, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties on day-to-day basis as expeditiously as possible preferably within a period of four months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 26.11.2019 MN/-