Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9268 of 2019 Applicant :- Rajesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Singh,Daksha Yadav Counsel for Opposite Party :- G.A.,Geetam Singh
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.308 of 2017, under Sections 498-A, 304-B, 201 I.P.c. and 3/4 D.P. Act, Police Station Amapura, District Kasganj.
According to prosecution F.I.R. was lodged on 01.09.2017 at about 14:30 hours by Sandeep Kumar alleging therein that the marriage of his sister namely Uma Kumari @ Guddi Devi was solemnized with Rajesh Kumar son of Summer Singh about six and a half year ago and he expanded abut rupees three lacs in the marriage. Due to non-fulfillment of demand of dowry of motor cycle, his sister Uma Kumari @ Guddi Devi by beating and pressing the neck was murdered and to screen the evidence by pouring kerosene oil she was ablazed.
Learned counsel for the applicant submits that P.W.1 informant is being summoned for the last six months but he is not appearing before the court to record his testimony. According to statement of informant under Section 161 Cr.P.C., applicant had also eloped a girl. In his statement Kishori Lal (Mausa) uncle of the deceased has stated before the I.O. that deceased had told him all the things. As per post-mortem report superficial to deep burn all over body skin peeled off as places hair burn skull axillary and pubic charring present black in colour carbon particle present in upper respiratory/rock. Hyoid bone was found intact. He submits that applicant has not harassed or tortured to the deceased. He does job in abroad and on the basis of suspicion, he has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 06.10.2017.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail prayer of the applicant and submitted that due to demand of dowry unnatural death of the deceased has occurred within a period of seven years of her marriage in the house of the applicant. He is also responsible for her safety and security being husband of the deceased, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and deep burn injuries of the deceased and also perusing the material on record, without expressing any opinion on merit of the case, I do not find a case case of bail.
Consequently, the prayer for bail of the applicant Rajesh Singh is hereby refused and the bail application is rejected.
However, trial court is directed to expedite this case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of eight months from the date of production of certified copy of this order, if there is no legal impediment.
Order Date :- 27.11.2019 Jitendra