Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17054 of 2019 Applicant :- Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.463 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act, Police Station Katra, District Shahjahanpur with a prayer to enlarge him on bail.
The applicant is the husband of the deceased who was married to the applicant about three years before her death.
The allegation in the first information report is that the applicant and his father Beche Lal had been harassing the deceased in connection with dowry. The first information report further alleges that, in the morning, the deceased had spoken to the informant and she appeared to be in a state of trepidation later, at about 2 pm, on the same day, information was received by the informant (father of the deceased) that the deceased has committed suicide.
The contention of the learned counsel for the applicant is that the deceased committed suicide because she was not having children and the co-accused Beche Lal has been granted bail. It has been submitted that the applicant has already suffered incarceration since 25.09.2018 and, therefore, in absence of any material to suggest that he will misuse the liberty, he is entitled to be released on bail.
Learned A.G.A. has opposed the prayer for bail and has submitted that, admittedly, the deceased died within seven years of her marriage; that the death was unnatural; and that there are allegations that she had been harassed for demand of dowry. It has been submitted that no medical paper has been brought on record to show that the deceased was being treated for ailment on account of which she might have suffered so as to warrant commission of suicide.
I have given thoughtful consideration to the rival submissions. Without expressing any opinion on the merits of the case, keeping in mind that the applicant is the husband of the deceased and there is no cogent explanation as to why deceased committed suicide, this Court does not find it to be a fit case for grant of bail. The bail application is rejected. However, the trial court shall endeavour to conclude the trial expeditiously, preferably, within a period of six months from the date of receipt of certified copy of this order.
Information of this order shall also be sent to the trial court concerned through fax as well ordinary mode.
Order Date :- 21.8.2019 AKShukla/-