Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29178 of 2018 Applicant :- Raj Kumar Alias Tinkoo Opposite Party :- State of U.P.
Counsel for Applicant :- Kalyan Sundram Srivastava,Som Sundaram Shriwastav Counsel for Opposite Party :- G.A.,Birendra Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Kalyan Sundram Srivastava, learned counsel for the applicant; Sri Birendra Singh, learned counsel for the informant as well as Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Raj Kumar @ Tinkoo with a prayer to release him on bail in Case Crime No. - 549 of 2017, under Sections - 498A, 304B IPC and Section 3/4 D.P. Act, Police Station - Jalesar, District - Etah, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of dowry death, punishable with imprisonment upto life;
(ii) against FIR lodged on 11.8.2017, the applicant is in confinement since 12.8.2017 i.e. more than two years;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted, however, trial has remained pending;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that false accusation has been made against the applicant in a minor scuffle that had taken place between the applicant and deceased wherein she had received simple injuries. None of them were life threatening. Three days after the alleged incident, victim died of another injury, which may not be attributable to the present applicant.
4. The bail application of the applicant has been vehemently opposed by learned AGA and learned counsel for the informant. They submit that, insofar as it cannot be disputed, at this stage, that ten injuries had been received by the deceased on 10.8.2017 and all of them were attributable to the present applicant, in absence of any other injury having been shown and caused in some other incident, no case for grant of bail is made out.
5. Insofar as, at this stage, it cannot be disputed, there exists specific allegation of the applicant having assaulted the victim wherein she suffered ten injuries and died three days therefrom, no case for bail is made out. All other pleas raised by learned counsel for the applicant may remain matters to be considered at the trial, both to the extent and nature of injury as also whether they were life threatening.
6. Accordingly, the bail application is rejected. However, it is expected that the trial court shall make best efforts to conclude the trial, as expeditiously as possible, preferably within a period of nine months from today. In that regard, learned counsel for the parties undertake not to seek adjournment till the evidence is completed.
Order Date :- 18.12.2019 Prakhar