Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35554 of 2017 Applicant :- Nasir Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Nasir in connection with Case Crime No. 240 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Asmoli, District Sambhal.
Heard Sri Syed Faiz Hasnain, learned counsel for the applicant and Sri Saqib Meezan, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that he has been involved in the instant crime on account of the fact alone that he happens to be husband; that there has been no demand of dowry or cruelty in connection with demand of dowry immediately preceding the occurrence so as to attract the provisions of Section 304 B IPC; that the marriage between the parties was solemnized on 9.6.2012 and not 2-3 years ago as mentioned in the FIR incorrectly, a fact evident from annexure no. 8 to the affidavit; that much emphasis has been laid by the learned counsel on the fact that the applicant promptly informed the deceased's family of her suicide which shows his non- complicity and upright conduct; that the post mortem report does not show a single injury anywhere on the body except the ligature mark due to an ante martem hanging; that the Investigating Officer has recovered a 15 feet long rope from a hook that had no blood stains on it; that the spot inspection report and the site plan clearly shows that the house of the applicant is surrounded on all sides by others which would have invited the attention of the neighbours in case there was any violence; that in any case, the Investigating Officer has not deliberately recorded even a single statement of any neighbour or witness of the locality or the vicinity; that there was to the knowledge of all acquaintance and friends of the parties, all love and affection between the husband and wife; that the deceased had an earlier pregnancy where she delivered a male child, who did not survive two weeks of birth due to which the deceased was in great mental distress besides the fact that she was suffering from tuberculosis; that due to the death of her new born child and her uncontrolled tuberculosis the deceased was in a state of extreme mental distress and trauma which in some moment of emotion drove her to commit suicide, although the applicant was all along undertaking treatment for her ailment; and, that applicant is a respectable man with no criminal history, who in in jail since 19.4.2017.
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. He has also submitted that the applicant who is the husband bears the highest order of responsibility.
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.
The trial court is directed to expedite proceedings and conclude the trial preferably within six months next 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 necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 28.2.2018 Deepak