Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18692 of 2019 Applicant :- Mohit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Malik,B. Malik,Chandra Shekhar Mishra,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri B. Malik, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No.351 of 2018, registered under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Noorpur, District Bijnor during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The victim committed suicide in absence of the applicant, moreover, informant and other witnesses have turned hostile and statements recorded during the trial, have been filed with supplementary affidavit, from which it is clear that the applicant has no concern with the incident. At the time of incident, the applicant was in Moradabad where he was on duty. The applicant has no previous criminal antecedents. The applicant has been intentionally dragged in the present case. There is no independent witness to support the prosecution case. The applicant is languishing in jail since 15.09.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. vehemently opposed the bail prayer of the applicant and submits that from inquest report it is clear that when Investigating Officer reached the spot then found that dead body was lying on the bed and family members of deceased were present there but none of the family members of in-laws was present at the place of incident, it create assurance of involvement of in-laws in the said crime as they absconded from the place of incident after committing the crime. It is admitted that fact witnesses has turned hostile and the burden lies on husband of the deceased. From the statement of witness recorded before trial court, evidence is against the applicant. Deceased solemnized marriage with applicant in the year 2017 and she committed suicide in the year 2018, within a year of her marriage, hence, case is made out under the alleged sections against the applicant and applicant is not entitled for bail and his bail application may be rejected.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and looking to seriousness and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant.
Accordingly, the bail application of the applicant-Mohit Kumar, involved in Case Crime No.351 of 2018, registered under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Noorpur, District Bijnor is hereby rejected at this stage.
However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 21.12.2021 Nitin Verma