Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40254 of 2019 Applicant :- Qasim Opposite Party :- State Of U.P.
Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri R.K. Singh, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons namely, Qasim, Imran, Rahman, Hazi Javvar, Rihana and Smt. Mantsha alleging that the marriage of deceased Nazmin was solemnized with Qasim on 10.11.2012, they demanded additional dowry from the deceased for which the deceased was being tortured by them and on 14.4.2017 they killed her. According to postmortem report, one incised wound injury was found on neck of deceased. Blood stained knife used in the crime was recovered at the pointing out of applicant. After investigation, names of all named accused except applicant were exonerated.
It is submitted by learned counsel for the applicant that applicant is husband of deceased. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. He is languishing in jail since 15.4.2017 (more than two years and five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that after investigation, other accused persons were exonerated by Investigating Officer and charge sheet has been submitted against the applicant. The applicant is single accused in this case and husband of deceased. He killed his wife. Blood stained knife used in the crime was recovered at the pointing out of applicant. There is no chance of false implication. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Qasim involved in Case Crime No. 307 of 2017, under Sections 498-A, 304-B, 302 IPC and Section 3/4 Dowry Prohibition Act, P.S. Ramgrah, District Firozabad is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
S.S.P./S.P., Firozabad and District Magistrate, Firozabad are directed to ensure presence of witnesses on summoning before the court concerned.
Office is directed to send a copy of this order through FAX, e-mail and speed post within three days from today to S.S.P./S.P., Firozabad & District Magistrate, Firozabad and court concerned for necessary compliance.
The court concerned is directed to send a detailed report after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Order Date :- 27.9.2019 A. Singh