Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45253 of 2018 Applicant :- Pradeep Opposite Party :- State Of U.P. Counsel for Applicant :- Swati Agrawal Srivastava,Phoolbadan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Phoolbadan Yadav, the learned counsel for the applicant and the learned A.G.A. for the State.
2. This application for bail has been filed by the applicant- Pradeep seeking his enlargement on bail in Session Trial No. 898 of 2017 (State Vs. Pradeep and others) arising out of Case Crime No. 322 of 2017, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Etmadpur, District-Agra, during the pendency of the trial, which is now said to be pending in the Court of Additional District and Sessions Judge, Court No.14, Agra.
4. Perused the record.
5. It transpires from the record that the marriage of the applicant was solemnized with Kushma Devi on 09.05.2016 in accordance with the Hindu Rites and Customs. From the aforesaid wedlock a daughter, namely, Riya Yadav is said to be born on 25.05.2017 and on date she is aged about one year and seven months. However, after the expiry of a period of more than one year and two months from the date of the marriage of the applicant, an unfortunate incident occurred on 19.07.2017, in which the wife of the applicant died. The first information report in respect of the aforesaid incident was lodged on 19.07.2017 by Balram, the brother of the deceased, which came to be registered as Case Crime No. 0322 of 2017, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Etmadpur, District-Agra.
6. In the aforesaid F.I.R., four persons, namely, Pradeep- husband, Sandeep-Devar, Ravendra Singh- father-in-law, Meera Devi-mother-in-law of deceased were nominated as named accused and one Sunil Kumar is also the named accused. A perusal of the F.I.R. will further go to show that the allegations with regard to demand of dowry and the commission of cruelty upon the deceased for non fulfilment of the demand of dowry have specifically been levelled. The post-mortem of the body of the deceased was conducted on the next day, i.e. on 20.07.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of the death of the deceased was asphyxia as a result of ante-mortem throttling. The Police upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C. has submitted a charge-sheet only against three of the named accused, namely, husband, father-in-law and mother-in-law of the deceased. Two of the named accused, namely, Sandeep Kumar-Devar of the deceased and one Sunil Kumar were excluded. Upon submission of the charge-sheet, cognizance was taken by the court concerned. Thereafter, the case was committed to the Court of Sessions. Accordingly, Sessions Trial No. 898 of 2017 (State Vs. Pradeep and others) came to be registered in the Court of Additional Sessions Judge, Court No.-14. Agra.
7. Learned counsel for the applicant very fairly submits that the above mentioned sessions trial has commenced and is at an advanced stage. At present, number of prosecution witnesses have been examined. He therefore submits that interest of justice shall better be served in case a direction is issued to the court below to conclude the trial itself expeditiously preferable within a time period fixed by this Court. Learned A.G.A. has no objection to aforesaid submissions raised by the learned counsel for the applicant.
8. In view of the aforesaid, the bail application of the applicant is rejected.
9. The trial court is directed to proceed with the Sessions Trial No. 898 of 2017 (State Vs. Pradeep and others), pending in the Court of Additional District and Sessions Judge, Court No.14, Agra and conclude the same within a period of one year from the date of production of a certified copy of this order.
10. Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 19.12.2018 YK