Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7703 of 2018 Applicant :- Rajesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Prajapati,Lalit Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Rajesh in Case Crime No.22 of 2017, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Faizganj Vehta, District Budaun.
Heard Sri Anil Kumar Prajapati, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is the he has been implicated in the instant crime on account of the fact alone that he happens to the husband; that there was never any demand of dowry in the background or cruelty immediately preceding the occurrence so as attract the provisions of Section 304B IPC; that the applicant has come with a serious allegation that the deceased was murdered by her paramour as asserted in paragraph 6 of the affidavit; and, that the applicant is a law abiding person who has no criminal history. He is in jail since 08.01.2017.
Learned AGA has opposed the prayer for bail with the submission that the fact that the deceased has been strangulated to death in her matrimonial home within seven months of marriage casts a very heavy burden upon the husband to explain those circumstances leading to her death.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the relationship of the applicant to the deceased, in particular, that the death is on account of throttling but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
The bail application, accordingly, stands rejected at this stage.
However, looking to the period of detention of the applicant, it is directed that the aforesaid case pending before the concerned court below be concluded strictly and positively within six months from the date of receipt of certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar V. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence positively.
Let a copy of the order be certified to the court concerned for strict compliance.
Order Date :- 27.2.2018 Shahroz