Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34 of 2016 Applicant :- Noor Hasan Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and 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. 226 of 2014, under Sections- 498A, 304B, 506 IPC and section 3/4 Dowry Prohibition Act, Police Station-Behsuma, District-Meerut and is in jail since 24.2.2015, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is the husband of the deceased who died as a result of burn injuries received by her accidently. It is also submitted that although she was taken to the hospital by the applicant and his family members, she succumbed to her injuries. Thereafter an F.I.R. was lodged by her brother falsely alleging therein that the deceased was being maltreated and tortured in her matrimonial home by the applicant and his family members on account of non fulfilment of alleged demand of dowry and subsequently they set her ablaze after pouring kerosene oil on her. He also submitted that the applicant is absolutely innocent and he has not committed any offence. Moreover although the applicant is in jail since 24.2.2015 but his trial has not made any progress. The applicant has no criminal antecedent to his credit and he is entitled to be released on bail during the pendency of the trial.
Per contra learned A.G.A. vehemently opposed the prayer for bail and submitted that the deceased died within three months of her marriage at her matrimonial home hence a heavy burden is cast upon the applicant to explain the circumstances under which the deceased had caught fire in which she sustained severe burn injury which resulted in her death and the applicant having failed to come up with any satisfactory explanation for the unnatural death of the deceased, therefore, he is not entitled to be released on bail. The prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the trial court is directed the conclude the trial of the applicant within a period of four 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 direction, this bail application stands finally disposed of.
Order Date :- 26.4.2018 MT**