Heard learned counsel for the applicant, learned A.G.A. for the State.
The accused-applicant Parmanand alias Nandu Yadav is involved in Case Crime No.456 of 2007, under Sections 498-A, 304-B I.P.C. and 3/4 of the Dowry Prohibition Act, from Police Station Ram Sanehi Ghat, District Barabanki.
The submission of learned counsel for the applicant is that although the accused-applicant is the husband of the deceased but there are general allegations against the accused, his father and mother that they were demanding motorcycle from the deceased in form of dowry. When their demand was not satisfied they had done to death for dowry. The mother-in-law and father-in-law have already been ordered to be released on bail by this Court, vide orders dated 30.5.2008 and 31.7.2008 passed in Criminal Misc. Case Nos.6322(B) of 2007 and 4097(B) of 2008. A progress report of the sessions trial pending against the accused had been called for by the court. From a perusal of the progress report submitted by the trial court it appears that the charges were framed against the accused on 26.7.2008 but the prosecution could not examine any witness so far. The accused is languishing in jail since July, 2007. The accused can not be detained in jail for a indefinite period for such long delay without any progress in trial. The accused, therefore, deserves to be released on bail.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. From a perusal of the progress report of the sessions trial pending against the accused submitted by the trial court it appears that the charges were framed by the trial court against the accused on 26.7.2008 but no witness could be examined by the prosecution so far. It appears that the trial court did not make any sincere effort to conclude the trial pending against the accused, who is languishing in jail since July 2007, while the presiding officer of the court concerned was expected to proceed with the trial on priority basis. The officer is expected to be very careful in future in this regard. Keeping in view the totality of the facts and circumstances of the case without expressing any opinion on the merits of the case, applicant may be released on bail.
Let applicant Parmanand alias Nandu Yadav be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
12.01.2010.
Prajapati/-