Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34017 of 2019 Applicant :- Ramakant Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, on the basis of application u/s 156(3) Cr.P.C., F.I.R. was lodged on 28.9.2017 (after two months of incident) against four accused persons namely, Ramakant, Mahesh, Achal Pyari and Ravi alleging that the marriage of deceased Babita was solemnized with Ramkant before three years, they demanded additional dowry from the deceased for which the deceased was being tortured by them and on 1.8.2017 they killed her by setting her on fire pouring kerosene oil.
Learned counsel for the applicant submitted that due to husband, applicant has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Deceased was died incidentally, at the time of cooking food. There is no possibility to get this case decided in short period in future due to heavy workload in trial court. There is no independent witness and no legal evidence against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.11.2017 (more than one year and nine months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is the husband of deceased. Deceased was died received burn injuries within seven years of her marriage. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Ramakant involved in Case Crime No. 782 of 2017, under Sections 498-A, 304-B IPC, Alternative Section 302/34, 306 IPC and Section 3/4 Dowry Prohibition Act, P.S. Tundla, District Firozabad is hereby rejected at this stage.
It is expected from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no any legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 22.8.2019 A. Singh