Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12018 of 2019 Applicant :- Om Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit on behalf of the State filed in Court today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 151/2018 under Sections 498-A, 304-B IPC & 3/4 D.P. Act, police station Shahzad Nagar, District Rampur with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive; that the applicant has never demanded any dowry nor the deceased was tortured on account of dowry; that the deceased has committed suicide and no injury was found on her person; that father-in- law and mother-in-law of the deceased have already been granted bail by this Court, copies of which have been annexed with the bail applicant; that there is no specific evidence against the applicant; that the applicant is in judicial custody since 01.05.2018 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that there is specific allegation against the applicant that the applicant and co-accused persons used to demand Rs. one lac and one motorcycle as dowry and the deceased was harassed by them on that account. It was submitted that the applicant is the husband of the deceased and the deceased has suffered unnatural death within two year of her marriage at her matrimonial home.
After hearing the learned counsel for the parties and after perusing the averments as contained in the present bail application and also looking into the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment and also considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the application for bail is rejected.
However, keeping in view the period of detention of the applicant, learned Trial Court is directed to expedite the trial and to decide the same as early as possible.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 30.5.2019 Anand