Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13804 of 2021 Applicant :- Rakesh Kumar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Bholeshwar,Ram Krishna Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Bholeshwar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime no. 0155 of 2018, under Sections 498-A, 304-B, 504 IPC and Section 3/4 D.P. Act, P.S. Tharwai, District Allahabad, with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is husband of deceased and his marriage with deceased has taken place on 21.05.2017 and that allegations of dowry demand and harassment of deceased are false and baseless. It was submitted that in fact deceased used to insist to go to her parental home and that she has committed suicide due to that reason. It has been further submitted that in postmortem report of deceased, except ligature mark, no other injury has been shown and that cause of death has been shown ante- mortem hanging, which suggests that deceased has committed suicide. It was further submitted that applicant is languishing in jail since 06.07.2018. It was stated that so far only one witness has been examined before the trial Court and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that deceased has suffered unnatural death within a short span of one year of her marriage at her matrimonial home and there are allegations that applicant used to harass the deceased on account of dowry. It was further submitted that some material witnesses are yet to be examined.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Rakesh Kumar Yadav is hereby rejected.
However, keeping in view period of incarceration of applicant, trial court is directed to expedite the trial and to decide the same preferably within a period of one year from the date of filing of certified copy of this order, if there is no other legal impediment.
Order Date :- 26.10.2021 A. Tripathi