Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11548 of 2018 Applicant :- Pawan Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Pandey,Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Pawan Kumar in connection with Case Crime No. 783 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Meja, District Allahabad.
Heard Sri Rajeev Kumar Pandey, learned counsel for the applicant, Sri Nirbhay Singh, Advocate who has put in appearance on behalf of the complainant and Sri Kamal Singh Yadav, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of the learned counsel for the applicant that he has been falsely implicated in the present crime on account of fact alone that he is the husband; that the marriage was solemnized in the year 2014; that the parties were living a happy marriage life; that the applicant is earning his livelihood in Mumbai for the past six years; that the deceased stays at the parties native village with the mother of the applicant and other family members; that the parties did not have any issue which led the deceased to a brooding frustration in the deceased's mind that ultimately drove the deceased to commit suicide by hanging herself to death as said in paragraphs Nos. 7 and 8 of the affidavit; that the family of the deceased was promptly informed and they were ill advised, virtually cajoled into lodging a false FIR by some natives of the village who bore grudge against the applicant and his family members; that there is no demand for dowry are cruelty in connection with the same preceding the occurrence; and, that applicant though a poor man is a law abiding citizen with no criminal history who is in jail since 22.12.2017.
Learned counsel for the complainant Sri Nirbhay Singh has vehemently opposed the prayer for bail 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 however submits that the applicant who is the husband bears the highest order of responsibility in the matter.
Learned AGA has also opposed the prayer for bail adopting the submissions of learned counsel for the complainant.
Considering the overall facts and circumstances, the nature of allegation the severity of punishment the gravity of offence the evidence appearing in the case against the applicant, the relationship of the applicant to the deceased who is the husband but without expressing any opinion on merits, this Court does find it to be a fit case for bail at this stage.
It is clarified that anything said in this order will not influence the trial court in their independent appreciation of evidence that is led at the trial.
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 :- 30.3.2018 Deepak