Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46017 of 2018 Applicant :- Kamlesh Kushwaha Opposite Party :- State of U.P.
Counsel for Applicant :- Nitesh Kumar Srivastava,M J Akhtar Counsel for Opposite Party :- G.A.,Akhilesh Singh,Yogendra Yadav
Hon'ble Om Prakash-VII,J.
Supplementary affidavit on behalf of the applicant and counter affidavit on behalf of the informant filed today are taken on record.
This Bail Application has been filed on behalf of the applicant – Kamlesh Kushwaha involved in Case Crime No.162 of 2017 under sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Khampur, District Deoria.
Heard Sri M.J. Akhtar, learned counsel for the applicant and learned A.G.A. for the State as well as Sri Yogendra Yadav, learned counsel for the informant.
Submission of learned counsel for the applicant is that the applicant is innocent and has not committed any offence. He has has been falsely implicated in this case. It is further submitted that although applicant is the husband of the deceased, yet no prima facie case is made out against him. Cause of death of the deceased could not be ascertained in the postmortem. Thus, viscera was preserved. Referring to the viscera report, it is further argued that Aluminium phosphide, a poisonous substance was found in it. Thus, referring to the aforesaid fact, it is further argued that deceased tried to commit suicide herself. When applicant reached in the room of the deceased and saw her in such condition, he immediately took her for treatment, but she could not survive. An information had also been given to the parents of the deceased. They did not lodged the F.I.R. promptly. It was lodged on 22.8.2017, after a considerable delay, for which no plausible explanation has been offered. In fact, deceased committed suicide herself, as she was not happy with the marriage. At no point of time, any such dowry demand was ever made on part of the applicant nor any cruelty, harassment or torture was extended to her. Applicant is languishing in jail since 7.6.2018, having no criminal antecedents.
Learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail and argued that deceased was done to death within five months of her marriage. There is clear assertion in the F.I.R. regarding the demand of dowry and cruelty and harassment caused to the victim. Death of the deceased is unnatural. All the ingredients of the offence under section 304-B IPC is clearly available in this matter. Thus, prayer for rejection of bail has been made.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature and gravity of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, the Court is of the view that the applicant has not made out a case for bail.
The application for bail of the accused-applicant is rejected. However, trial is expedited.
Trial court is hereby directed to conclude the trial expeditiously, preferably on day to day basis.
Order Date :- 24.9.2021 ss