Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41702 of 2016 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Diwakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,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. 89 of 2016, under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Gazipur, district- Fatehpur and is in jail since 15.6.2016, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is the husband of the deceased Usma Devi. Marriage between the applicant and the deceased was solemnized on 9.6.2014. General allegations have been made against the applicant and his other family members that they were demanding Rs. 1,00,000/- (Rs. one lac) cash and a motorcycle from the deceased and her parents and on account of non fulfilment of the aforesaid demand of additional dowry, the deceased was maltreated and tortured by them and ultimately burnt to death in her matrimonial home on 20.2.2016. He next submitted that the victim had actually committed suicide and the proseuciton has tried to give it a colour of dowry death. He also submitted that the applicant and his other family members have been falsely implicated in the present case. He lastly submitted that the applicant, who has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Per contra learned AGA opposed the prayer for bail and submitted that since the deceased had died within seven years of her marriage in her matrimonial home and a very heavy burden is cause upon the defence to explain the circumstances under which the deceased had died which the applicant has failed to discharge satisfactory at this stage. The applicant is the main accused in the present case and hence he is not entitled to be enlarged on bail at this stage.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record. I am not inclined to enlarge the applicant on bail at this stage of trial.
However, considering the peculiar fact and circumstances of the case the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of six months from the date of production of certified copy of this order before the trial court.
The applicant is directed to produce the certified copy of this order before the trial court for its compliance.
Accordingly, this application stands disposed of.
Order Date :- 27.4.2018 Faridul