Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29788 of 2016 Applicant :- Smt. Nagma Opposite Party :- State Of U.P. Counsel for Applicant :- Sufia Saba Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 194 of 2015, under Section 302, 307, 427, 120-B I.P.C., P.S.- Kithore, District- Meerut, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant who is absolutely innocent has been falsely implicated in the present case by her step son, Salman who had lodged the F.I.R. of the incident and the first wife of her husband in her dying declaration. He next submitted that the applicant who has no criminal antecedents to her credit and is in jail since 02.09.2015, is entitled to be released on bail during the pendency of this trial.
Per contra learned A.G.A. opposed the prayer for bail and submitted that the deceased in her dying declaration which was recorded by the Tehsildar, has categorically ascribed the role of pouring kerosene oil on the deceased to the applicant. In view of the above, the applicant is not entitled to be released on bail.
After having heard the submissions advanced by learned counsel for the parties present and perused the material brought on record, I am not inclined to enlarge the applicant on bail.
The prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the concerned trial Judge is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated hereinabove, the applicant may move fresh bail application before this Court.
Subject to aforesaid directions, this bail application stands finally disposed of.
Order Date :- 23.8.2018 KS