Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49702 of 2017 Applicant :- Raj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.,Anjani Kumar Tripathi,Maruti Kumar Tripathi
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that due to husband the applicant has been falsely implicated in this case. The applicant is languishing in jail since 17.12.2016 (about two and half years) having no criminal history. Due to heavy load work in the trial court, there is no possibility to get this case decided in near future. The wife of the deceased (Puja) had committed suicide herself. Nobody had killed her. In case he is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. opposed the prayer of bail and submitted that deceased was married with the applicant in the year 2014 and on 15.12.2016, the applicant had killed his wife. According to post-mortem report, hematoma present anterior neck with punctured trachea just below with cerical verstebra IInd IIIrd fracture and dislocated. Hyoid trachea punctured. Hence, it appears that applicant had killed his wife. Therefore, it cannot be said that there is false implication of the applicant. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into 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 the applicant in Case Crime No. 1193 of 2016, under Sections 498A, 304B I.P.C. and Section 3/4 of D.P. Act, Police Station Mahuli, District Sant Kabir Nagar is hereby rejected at this stage.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis.
D.M. & S.P./S.S.P,- Sant Kabir Nagar are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Sant Kabir Nagar is also directed to monitor the case on monthly basis in the Monitoring Cell.
The court concerned is also 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.
Office is directed to send a copy of this order to the court concerned immediately for compliance.
Order Date :- 31.5.2019/OP