Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6010 of 2019 Applicant :- Mahtab Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Giri,Akhilesh Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has submitted that he has been implicated in the offence only the ground for being husband of the deceased. At the time of incident, he was working in Bengaluru. He has wrongly been implicated in the present case. All the other accused persons have been released on bail.
Learned A.G.A. has opposed the prayer for bail. He has submitted that the victim has died with her unnatural death within 7 years of her marriage in her matrimonial house. F.I.R. indicates that there was demand of dowry and torture. There is no evidence of alibi, however, the same is the subject matter of trial.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, 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 Mahtab Ahmad involved in Case Crime No.400 of 2017, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Puramufti, District-Kaushambi is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously considering the provision of Section 309 Cr.P.C. without granting any unnecessary adjournment, if there is no legal impediment.
A copy of this order be transmitted to the Court concerned for necessary compliance.
Order Date :- 28.11.2019 SK Goswami