Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9302 of 2019 Applicant :- Kumarpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by Sri V.K. Maurya, learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant, the husband of the deceased, alleging that on 23.6.2018 Smt. Manju Devi, the wife of applicant, was killed by the applicant and she died receiving one incised wound on her neck. The dead-body was found on the roof of the house of the applicant. During investigation spade used in the crime was also recovered on the pointing out of the applicant.
Learned counsel for the applicant submitted that due to husband of the deceased, he has been falsely implicated in the present case. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 25.6.2018 (about one year and three months) having no criminal history. Two witnesses of fact have been examined in trial court but not supported the prosecution case and turned hostile and hence there is no legal and cogent evidence against the applicant.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is accused and since the dead body was recovered from the house of the applicant, the presumption of Section 106 of Indian Evidence Act will lie against the applicant. A spade was also recovered on the pointing out of the applicant. There is no cause of false implication of the applicant and it will not be proper to appreciate the evidence produced before the trial court by this Court. Hence, applicant is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Kumarpal involved in Case Crime No. 205 of 2018 under Section 302 IPC, Police Station Patiyali, District Kasganj is hereby rejected at this stage.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Kasganj are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Kasganj is also directed to monitor the case on monthly basis in the Monitoring Cell.
The court concerned is also directed to send a detail report with explanation after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Office is directed to send a copy of this order to D.M. & S.P./S.S.P,- Kasganj as well as to the court concerned within three days for compliance.
Order Date :- 26.9.2019 Manish Tripathi