Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36017 of 2021 Applicant :- Rajmala Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 168 of 2021, under Section 306 I.P.C., P.S. Behjoi, district-Sambhal, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant about the death of his son, who had committed suicide. It was alleged in the FIR that the deceased Tota Ram was married with the present accused Rajmala, who was having illicit relations with co-accused Komil and due to which the present accused used to quarrel with her husband Tota Ram and gone to her parental home. It was also alleged that on 6.4.2021 the complainant and his son (deceased) bring back the present accused to their house. On 7.4.2021 in the evening the paramour of the present accused Komil came to the house of deceased and when the deceased has objected, then the present accused told that Komil would come and if you wants to die, you may die. It was also alleged that at about 9:00 O'clock in the night the deceased Tota Ram had left his house and committed suicide.
Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the present case. The FIR of the incident was lodged after a delay of six days without any plausible explanation. He lastly submits that the applicant has no criminal history and he is languishing in jail since 20.6.2021, in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned AGA opposed the prayer for bail and submitted that the deceased was incised to commit suicide by the present accused by saying that her paramour Komil will come to the house and if he wants to die, he can die and that's why to that the deceased has committed suicide, hence the applicant's prayer for bail is liable to he rejected at this stage.
After having heard the rival submissions advanced by learned counsel for the applicant and learned A.G.A. for the State, this Court does not find it proper to release the applicant on bail.
The bail application is accordingly rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of one year from the date of production of a certified copy of this order without granting unnecessary adjournment.
Order Date :- 24.12.2021/Faridul