Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14385 of 2018 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sameer Jain Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed on Court today, is taken on record.
Heard leaned counsel for the applicant, learned A.G.A. for the State-respondents and perused the material brought on record.
The present bail application has been filed by the applicant in case crime No. 479/2017, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, police station Machhalishahar, District Jaunpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the applicant is the husband of the deceased and he has been falsely implicated in the present case due to ulterior motive. It has further been argued that the marriage of the deceased was solemnized with the applicant in April, 2012 and despite five years of her marriage, she could not become mother of any child and on account of this reason, she was frustrated and committed suicide and that at the relevant point of time, applicant was not at home as he was living in Mumbai for his livelihood. It was pointed out that the deceased was not subjected to any cruelty and there was no dowry demand from the side of the applicant. It has also been informed that till date only three witnesses have been examined before the trial court, who have not supported prosecution version and the applicant is stated to be in judicial custody since 16.06.2017, having no criminal history.
Learned A.G.A. has opposed the bail and argued that the applicant is the husband of the deceased and the deceased died unnatural death within seven years of her marriage in her matrimonial home and as per postmortem report, the cause of death of the deceased is due to asphyxia as a result of antemortem hanging. He has further argued that the burden under Section 106 Indian Evidence Act has not been discharged by the applicant as to how his wife committed suicide.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, 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 instant bail application is rejected.
However, keeping in view the period of detention of the applicant and till date only three witnesses have been examined, learned Trial Court is directed to expedite the trial and to decide the same preferably within a period of four months from the date of production of certified copy of this order.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 21.8.2019 Anand