Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been filed by applicant Parvesh Kumar Mishra @ Tony Mishra in Case Crime No.90 of 2013, Under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 D.P. Act, Police Station Malipur, District Ambedkar Nagar.
Learned counsel for the applicant submits that applicant is husband of the deceased. The marriage of the applicant was solemnized with deceased about one year ago. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant and other co-accused. No specific role has been assigned to the applicant. After marriage applicant started living in District Sultanpur in connection with job as he has been working as computer operator in District Hospital Sultanpur and the deceased used to live at the house of applicant situated at District Ambedkar Nagar. In absence of the applicant the deceased has developed her illicit relationship with someone else and when this fact came into knowledge of her in-laws, due to shame she herself set her on fire. It has further been submitted that the deceased was admitted in hospital to save her life. It has further been submitted that the applicant is aged about 23 years. The applicant has not made any demand of dowry. There is no directed evidence against the applicant. No dying declaration of the deceased was recorded. The other co-accused have already been enlarged on bail, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 23.07.2013.
Per contra, learned A.G.A. opposed the prayer for bail and argued that the deceased died an unnatural death within one year of her marriage. She was harassed or tortured due to non-fulfillment of demand of dowry by the applicant and other co-accused. The applicant is husband of the deceased who is more responsible for safety and security of the deceased, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant Parvesh Kumar Mishra @ Tony Mishra is hereby refused and the bail application is rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of one year from the date of the production of the certified copy of this order, if there if no legal impediment.
Order Date :- 13.1.2016 Jitendra