Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11379 of 2018 Applicant :- Mangla Prasad Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Saket Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Saket Mani Tripathi, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA appearing for the State.
This is an application for bail on behalf of Mangla Prasad Gupta in Case Crime No.230 of 2016, under Sections 498A, 304B IPC and 3/4 of D.P. Act, P.S. Saraimir, District Azamgarh.
The submission of the learned counsel for the applicant is that the applicant is the husband and on that account alone he has been implicated in the present crime; that there has never been a demand of dowry or cruelty immediately preceding the incident so as to attract the provisions of Section 304B IPC as said in paragraph 11 of the affidavit; that the deceased committed unabetted suicide as asserted in paragraph 19 of the affidavit; and, that the applicant is a respectable man with no criminal history who is in jail since 25.10.2016, that is to say, a period of one and a half year by now as an under trial.
Learned AGA has opposed the plea for bail. He submits that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. He further submits that the applicant is the husband and, therefore, bears highest order of responsibility; that he pointed out that the death is on account of ante mortem burn injuries.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, and, in particular, the fact that the applicant is the husband but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage. The bail application stands rejected at this stage.
However, looking to the period of detention of the applicant, the learned trial court is directed to proceed with and conclude the Sessions Trial No. 394/2017, State vs. Mangla Prasad, pending before the Court of Additional Sessions Judge, F.T.C. Court No.2, Azamgarh within a period of six months from the date of receipt of a certified copy of this order.
It is made clear that in case the witnesses are not appearing, the concerned court shall initiate necessary coercive measures to ensure their presence positively.
Let a copy of the order be certified to the court concerned for strict compliance.
Order Date :- 29.3.2018 Imroz