Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43798 of 2019 Applicant :- Manak Chand Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma,Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
This second bail application has been filed by the applicant in case crime No. 504 of 2017 under Sections 498A, 304-B IPC and Section 3/4 Dowry Prohibition Act, police station Gunnaur, District Sambhal with prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. Applicant is husband of deceased and that allegations of dowry demand and harassment of deceased are false. Learned counsel for the applicant submitted that deceased has suffered burn injuries accidentally while she was cooking. After alleged incident, deceased remained alive for 17 days in hospital but during treatment, no statement of deceased was recorded. It has further been submitted that first application for bail of the applicant was rejected vide order dated 26.02.2019 passed in Criminal Misc. Bail Application No.10882 of 2018 and after that statement of first informant PW-1 Smt. Lajjawati has already been recorded. Learned counsel for the applicant submitted that there is no likelihood of trial being concluded in near future and applicant is in judicial custody since 17.07.2017 having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is husband of deceased and she has sustained burn injuries in her matrimonial home within one year of her marriage and she died due to said burn injuries. There are allegations that she was being harassed by applicant and his family members on account of dowry.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, the fact that deceased has died within one year of her marriage at her matrimonial house and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that no case for bail is made out.
Accordingly, the bail application is hereby rejected.
However, considering the period of incarceration, the trial court is directed to expedite trial and to decide the same preferably within a period of six months from date the copy of order is produced before the trial court.
Order Date :- 17.12.2021 Deepak