Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11187 of 2018 Applicant :- Rakesh Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Surendra Mohan Mishra, learned counsel for the applicant and Sri Indrajeet Singh, learned AGA along with Sri Vivek Dubey appearing for State.
This is an application for bail on behalf of Sri Rakesh Sharma in Case Crime No. 151 of 2017, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, P.S. Nebua Naurangiya, District- Siddharth Nagar.
The submission of the learned counsel for the applicant is that he is the husband and on that score he has been falsely implicated; that it is submitted that there was no demand of dowry or cruelty in connection with dowry so as to bring the case in the teeth of Section 304-B I.P.C; that circumstances leading to the suicide committed by the deceased as said in paragraph 14 of the affidavit that are self explanatory; that death is on account of hemarrahage and shock as a result of ante mortem injuries and viscera have been preserved of which there is no report from the Forensic Science Laboratory; and that the applicant is a respectable man with no criminal history who is in jail in connection with the present crime since 30.04.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. It is further submitted that applicant being the husband bears highest order of liability.
Considering the overall facts and circumstances of the case, the nature of allegation, the gravity of the offence, the evidence appearing at this stage and the relationship of the applicant to the deceased who is the husband 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 :- 28.3.2018 S. Thakur