Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48151 of 2019 Applicant :- Munesh Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Ramnath Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Gyandendra Kumar Singh, Advocate has filed vakalatnama of Sri Babu Lal Ram, Advocate on behalf of informant/complainant and the same is taken on record.
Heard Sri Ramnath, learned counsel for the applicant and Sri Gyanendra Kumar Singh, Advocate holding brief of Sri Babu Lal Ram, learned counsel for the informant/complainant and Sri B.A. Kha, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 224 of 2019 under Sections 306 I.P.C., Police Station Bilhaur, District Kanpur Nagar, during the pendency of trial.
Learned counsel for the applicant contends that accused has been falsely implicated. Accused is husband of the deceased. Marriage has taken place in the year 2011. Out of the wedlock, one child of 6 years and other child of 9 months were born. He had himself given information at the P.S.. The injuries which have been caused to the deceased had been caused because she had fallen down from the staircase thereafter she has committed suicide because of which, ligatures mark has come. Applicant has no previous criminal history. The applicant is languishing in jail since 22.5.2019. If he is released on bail, he would not misuse the liberty.
Learned counsel for the informant/complainant has opposed the prayer of bail and has drawn attention to the post-mortem report of the deceased, in which as many as nine injuries have been shown to have been caused to the deceased although her hyoid bone was found intact. The cause of death has been recorded as asphyxia due to ante-mortem injury. It is further argued by him that the said injuries have been caused by the applicant because of which she has died.
Looking to the fact that deceased has suffered as many as nine injuries on her person, without expressing any opinion of the merits of the case, this is not found to be a fit case for grant of bail. Accordingly, the present bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a certified copy of this order.
Order Date :- 26.11.2019 A.P. Pandey