Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1421 of 2016 Applicant :- Narendra @ Munna Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun, Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Shri Satya Dheer Singh Jadaun, learned counsel for the applicant and Shri Gyan Narain Kannaujiya, learned A.G.A. for the State as well perused the record.
By means of this application, the applicant - Narendra @ Munna, who is involved in Case Crime No. 228 of 2015, under Sections 498-A, 304, 506/34 I.P.C., Police Station Maharajpur, District Kanpur Nagar, seeks enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case. It is also submitted by the learned counsel for the applicant that injury found on the body of the deceased was caused due to accidental burn. The lamp fell on the deceased and caught fire in her sari causing burn injuries. It was an accidental death, but mother and father of the deceased lodged a false F.I.R. against the applicant, who is husband of the deceased and other family members. It is further submitted that there is no evidence on record to show that the applicant has committed the murder of the deceased, who was his wife. It was also submitted that after the incident, the deceased was admitted to the hospital and her treatment was done by the applicant and his family members. Unfortunately she could not be survived. It is next submitted by the learned counsel for the applicant that the applicant has never demanded any dowry from the deceased and her parents. Prima-facie, there is no evidence against the applicant. He is languishing in jail since 05.06.2015. Considering the detention of the applicant in jail and other circumstances of the case, the applicant is liable to be released on bail. Lastly, it is contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. He does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submitted that the applicant is the husband of the deceased. In the statement, parents of the deceased have completely supported the prosecution version and stated that dowry was demanded and the deceased was subjected to cruelty in connection with demand of dowry and ultimately she was done to death. It is next submitted by the learned AGA that the period of detention is also not so prolonged which by itself may be made the basis of release the applicant on bail on the ground of long detention. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant do not deserve any indulgence. In case the applicant is released on bail, he will misuse the liberty of bail.
I have considered the rival submissions of the learned counsel for the parties and evidence available on record. Considering the complicity of offence, severity of punishment and totality of facts and circumstances of the case, I do not find any good ground to grant bail to the applicant.
Accordingly, the bail application is rejected.
However, considering the facts and circumstances of the case, the trial court is directed to make an endeavour to conclude the trial, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order without granting any unnecessary adjournment to either of the parties.
Order Date :- 25.7.2019 Zafar