Court No. - 79
Criminal Misc. Bail Application No.01 of 2018
In Case :- CRIMINAL APPEAL No. - 2683 of 2018 Appellant :- Raju Respondent :- State Of U.P.
Counsel for Appellant :- Arun Kumar Sharma,Subhash Chandra Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by appellant- Raju under Section 389 of Cr.P.C.
Learned counsel for the convict-appellant argued that convict- appellant, being husband, is of no concern with this occurrence. Because at no point of time dowry was ever demanded for cruelty was ever made. Except PW-1, all other witnesses have said that there was no demand nor cruelty with regard to it. It was a death by suicide by pouring kerosine oil and putting at fire by deceased itself. The convict-appellant was bona-fide. He, immediately, informed police as well as family member of deceased who rushed on spot. He is in jail since 23.10.2016 and there is no likelihood of the early hearing of this appeal. He has been convicted and sentenced with 10 years rigorous imprisonment under Section 304 B, two years rigorous imprisonment with a fine of Rs.10,000/- under Section 4 of D.P. Act and in default of payment of fine three months additional imprisonment was awarded to the applicant with a direction of concurrent running of sentences and adjustments of previous imprisonment if any.
Two of convict Bhagwan Das and Smt. Kamla Devi have been enlarged on bail during the period hence, bail during appeal has been prayed for.
Learned A.G.A. has vehemently opposed.
Having heard learned counsels for both sides and gone through the material placed on record, it is apparent that deceased was married on 15.02.2013 and she died on 26.09.2016, under unnatural circumstances by burn injuries. Informant, in his testimony, has said about persistent demand of dowry, coupled with cruelty with regard to it. Appellant is husband of deceased. Trial court has appreciated evidence on record and for rebuttal of presumption there is no evidence in defence.
Under all above facts and circumstances of the case but without commenting on the merits, no ground for bail is made out.
The present bail application is rejected, accordingly. Record of trial court is with file.
List this appeal on 16.12.2019 for hearing on merit.
Order Date :- 27.9.2019 Radhika