Court No. - 1
Case :- CRIMINAL APPEAL No. - 1736 of 2014
Appellant :- Kamal Singh
Respondent :- State Of U.P.
Counsel for Appellant :- Shamsher Singh,Manoj Kumar,S.K. Pandey Ii,Satendra Tirpathi
Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Ref:- Order on Second Bail Application No. 9 of 2018 Heard Sri Sandeep Kumar Singh, Advocate holding brief of Sri Neeraj Kumar Sharma, learned counsel for the applicant, Sri V.P. Verma, learned counsel for the complainant, Sri Prabhash Pandey, learned A.G.A. appearing for the State and perused the record.
This is the second bail application, which has been moved on behalf of the applicant who is involved in S.T. No. 729 of 2010, State vs. Kamal Singh and Ors (arising out of Case Crime No. 200 of 2010), under Sections 498A, 304B, 302 IPC read with Section 34 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Chhata, District-Mathura.
The first bail application moved on behalf of the applicant was rejected by this Court vide order dated 11.8.2017 for want of prosecution. This is the second bail application moved on behalf of the applicant.
Learned counsel for the applicant submits that the applicant is the husband of deceased but he has remained in incarceration for last eight years. The applicant is languishing in jail since 16.7.2010. He has drawn the attention of this court towards the evidence of PW-1 and PW-2.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and submitted that the victim died at her matrimonial house within 7 years of her marriage and there, she was also having a child in her womb and the cause of death is strangulation as per the Post-mortem Report. The onus to prove his innocence under section 113B of the Evidence Act has not been discharged by the appellant. The trial is at the verge of completion and if the applicant is released it would hamper the running of trial.
Without expressing any opinion on the merit of the case and considering the submissions advanced by learned counsel for the parties, we do not find any good ground to release the applicant on bail. Accordingly, the bail application is hereby rejected.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within six weeks from today and list the matter immediately thereafter for final hearing.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 14.9.2018 JK Yadav