Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8866 of 2017 Applicant :- Krishnanand Pandey @ Sawaroo Opposite Party :- State Of U.P. Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri M.J. Akhtar, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA for State.
This is an application for bail on behalf of Krishnanand Pandey @ Sawaroo in Case Crime No. 234 of 2016, under Sections 498A, 304B IPC and 3/4 of D.P. Act, P.S. Ramkola, District-Kushinagar.
The submission of the learned counsel for the applicant is that the applicant has been implicated in the instant crime on account of the fact alone that he happens to be the husband; that there was no demand of dowry or cruelty in connection with dowry so as to bring the case in the teeth of Section 304-B I.P.C.; that the deceased became a victim of accident by fire while cooking as asserted in paragraph 5 of the affidavit; that in the pending trial witnesses of fact including the first informant have deposed not supporting the prosecution case which does not call for further detention of the applicant to pending trial; and that the applicant is a respectable man with no criminal history who is in jail in connection with the present crime since 24.05.2016, that is to say, a period more than year and three quarter.
Learned AGA has opposed the bail plea with the submission that it is a case of unnatural death of his wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand; it is further submitted that the applicant being the husband bears highest order of liability.
Considering the overall facts and circumstances of the case, the nature of allegation, the gravity of the offence, the evidence appearing at this stage but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
Anything said in this order will not prejudice the case of either of the parties on merits at the trial.
Accordingly this bail application stands rejected at this stage.
Learned counsel for the applicant submits that the applicant is in jail for a period of more than year and three quarter is unertrial and two witnesses of fact have already been examined.
Looking to the aforesaid facts and circumstances, it is directed that the trial court will now proceed with the trial and conclude the same positively within a period of three months next from the date of receipt of a certified copy of this order.
Office is communicate this order to the trial court concerned.
Order Date :- 27.3.2018 S. Thakur