Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8067 of 2018 Applicant :- Nandu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Nandu in connection with Case Crime No. 780 of 2016 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Dehat, District Bulandshahar.
Heard Sri Pradeep Kumar Bhardwaj, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that he is the husband and on that account alone he has been falsely implicated; that there has been no demand of dowry or harassment in connection therewith immediately preceding the occurrence so as to attract the provisions of Section 304B IPC; that the deceased has committed unabetted suicide on account of facts best known to her about which the applicant has no knowledge; and, that the applicant is a respectable man with no criminal history who is in jail since 14.07.2016 a period of one and a half years as an under trial.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased who 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.
Accordingly, the bail application stands rejected at this stage.
Learned counsel for the applicant submits that the applicant is in jail for more than one and a half year as an under trial and has pointed out that inthe ongoing Sessions Trial No. 559 of 2016 'State v. Nandu and others' under Section 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Dehat, District Bulandshahar pending before the FTC, Court No. 1, Bulandshahar two witnesses of fact have already been examined.
Looking to the aforesaid facts and circumstances, it is directed that the trial court shall proceed with and conclude the trial within six months next positively from the receipt of a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar vs. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate strict coercive measure for ensuring their presence and once witness appears he/she does not discharge till the conclusion of the trial.
Let a copy of the order be certified to the court concerned for strict compliance.
Order Date :- 28.2.2018 Deepak