Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14589 of 2016 Applicant :- Pradeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Upadhyaya,Vikas Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Vikas Tripathi, learned counsel for the applicant and Mr. O.P. Singh, learned Additional Government Advocate for the State and perused the material on record.
By means of this application, the applicant-Pradeep, who is involved in Case Crime No. 4 of 2015, under sections 498-A, 304-B IPC and section 3/4 Dowry Prohibition Act, PS Sahibabad, District Ghaziabad, is seeking enlargement on bail during the trial.
It has been contended on behalf of the applicant that the the applicant is innocent and has been falsely implicated in this case. It is further submitted by the learned counsel for the applicant that father of the deceased had taken rupees forty thousand (Rs. 40,000/-) from the applicant and he did not return the said money, thereafter the deceased committed suicide. After the incident, FIR was lodged by the informant against the applicant and his family members. It is also submitted by the learned counsel for the applicant that there is no injury on the body of the deceased and the cause of death of the deceased was hanging. The applicant never demanded any dowry from the deceased or her parents. It is next submitted by the learned counsel for the applicant that the applicant has no criminal history to his credit and is languishing in jail since 02.01.2015, therefore, he is entitled to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for bail and has submitted that death of wife of the applicant took place within two years of her marriage under unnatural circumstances, as such there is a presumption of dowry death under section 113 of Indian Evidence Act. It is further submitted that as per prosecution version, the applicant has demanded car and motorcycle from the deceased and she was subjected to cruelty and harassment in connection with the demand of dowry. The applicant being the husband of the deceased was unable to provide security or safety to the deceased, therefore, the applicant is not entitled to be released on bail.
Having considered the submissions made by the learned counsel for the parties, nature of gravity of offence and severity of punishment, it is not a fit case for bail.
Accordingly, the bail application is rejected.
However, considering the facts and circumstances of the case, the trial court is directed to make an endeavour to conclude the trial, expeditiously, preferably within a period of eight months from the date of production of a certified copy of this order without granting any unnecessary adjournment to either of the parties.
Order Date :- 29.5.2019 Sazia