Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26540 of 2019 Applicant :- Nanhe @ Awadhesh Opposite Party :- State of U.P.
Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Karunesh Narayan Tripathi, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 114 of 2018, under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, Police Station Gadhiya Rangin, District Shahjahanpur, during pendency of trial.
It is next contended by learned counsel for the applicant that the applicant is innocent and he is falsely been implicated in the present case. As per the first information report, wife of the applicant namely, Pooja was died due to burn injuries and the allegation is for dowry death. It is lastly contended that the applicant has no other criminal history. He is in jail since 10.09.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
On the other hand, learned AGA submits that marriage of the applicant was performed with the deceased on 24.06.2012 i.e. within 7 years and there is presumption against the applicant in view of Section 113B of the Evidence Act. He next submits that as per the postmortem report, the entire body of the deceased was burnt and she was died due to ante mortem injuries. He further submits that the trial has already been commenced, in which some witnesses have already been examined.
Looking to the facts and circumstances of the case and particularly the fact that the trial is at an advance stage, I do not find it a fit case for bail, hence, the bail application is rejected.
However, the trail court is directed to expedite the trial & make an endeavour to conclude it strictly in compliance of Section 309 Cr.P.C.,subject to any legal impediment.
Order Date :- 28.10.2021 Noman