Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30214 of 2019 Applicant :- Madhav @ Madhu Opposite Party :- State Of U.P.
Counsel for Applicant :- R.K. Singh. Rajput Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Jitendra Kumar, Sri Sanjay Kumar Rajbher, Sri Mahesh Kumar Dwivedi, learned A.G.As Sri Bhanu Praksh Singh, Sri Jay Kumar Singh, Ajay Kumar Singh, learned brief holders for the State and perused the record of this bail application.
The applicant seeks bail in S.T. No.206 of 2018, under Sections 498-A, 304-B IPC and under Section 3/4 D.P. Act, Police Station- Samthar, District Jhansi arising out of Case Crime No.062 of 2018.
Crux contention is that the father of the deceased- the informant- has himself stated before the Court that the marriage took place ten years prior to the death of the victim; that way, the ingredients of Section 304B IPC are not applicable in the present case. He further adds that it is not a dowry death case. Applicant himself has given treatment to the victim for which also the case of the applicant can be sympathetically considered by the Court. No doubt applicant is the husband, but he has explained every aspect of the case. The other co- accused in this case has been admitted to bail by this Court.
Learned AGA has vehemently opposed the bail prayer of the applicant and submitted that severe burn injuries have been caused to the deceased and because of the cardio respiratory failure she died as has been indicated in the post-mortem examination report. The applicant could not come out with the case that marriage is beyond 7 years period. The time of the marriage has been given as February, 2012 whereas the incident took place in the month of June, 2018 that period is much within 7 years of the marriage. The presumption raised by way of Section 113B of the Indian Evidence Act, 1872 is not dispelled at this stage and the applicant is the husband of the victim.
After hearing the submissions raised by learned counsel for the applicant and the reply by the learned A.G.A. and upon perusal of the various documents annexed with the present bail application and also looking to the allegations made in the FIR, and considering the gravity of the offence, no good ground is made out for bail.
Accordingly, this bail application is rejected at this stage.
A request has been made by the applicant that the trial has been expedited.
Trial court is directed to make an endeavour to conclude the trial expeditiously preferably on or before 31st December, 2019, if there is no other legal impediment.
Order Date :- 30.7.2019 Raj