Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13071 of 2019 Applicant :- Kalka Prasad Opposite Party :- State of U.P.
Counsel for Applicant :- Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.46 of 2018, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Kharela, District Mahoba.
Learned counsel for the applicant submits that according to prosecution version Preeti daughter of informant Vijay Kumar was married with applicant on 11.06.2015. It is alleged that due to non-fulfilment of dowry demand motorcycle and golden chain, she was killed on 12.05.2018 at about 4 p.m by ablazing. He further submitted that information was given by the applicant to the parents of the deceased and also to the police station regarding the said incident. After receiving information, the family members of the deceased had come and participated in the funeral ceremony. As per inquest memo, dead body was taken out by breaking the door. He next submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 18.06.2018.
Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant and submitted that during three years of marriage of the deceased, unnatural death has occurred in the house of the applicant, being husband, he was responsible for safety, security and keeping well to the deceased, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record that unnatural death has been occurred in the house of the applicant, therefore, it is not a fit case for bail.
Accordingly, the bail application is rejected. However, since the applicant is in jail, so trial court is directed to expedite and conclude the trial, if possible, within a period of six months.
Order Date :- 27.11.2019/SFH