Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1262 of 2018 Applicant :- Mahfooj Alam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ved Mani Sharma,Vijay Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No. 1 of 2015, u/s 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, P.S. Khiri, District Allahabad. The first bail application was rejected by this Court vide order dated 18.01.2017.
Perusal of the record shows that no subsequent development or any new ground has been brought on record. This is the second bail application. He has pressed the bail application solely on the ground of long detention in jail of the applicant who is the husband and is in jail since 03.01.2015.
Nevertheless the fact remain that, it is a case of the death of the wife, which has taken place under unnatural circumstances within 7 years of marriage in the house of husband. As per the post mortem report the cause of death is strangulation.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly the applicant for bail is rejected.
However, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar Vs. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another Vs. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Order Date :- 27.7.2018 Abhishek/V.S. Singh