Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22992 of 2019 Applicant :- Ramkesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and Sri P.K. Srivastava, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that the applicant is brother- in-law (jeth) of deceased due to which he has been falsely implicated in the present. There is no independent witness against the applicant. Three witnesses have been examined before trial court, they not supported the prosecution case and turned hostile. There is no possibility to get this case decided in short period in future. F.I.R. was lodged after twelve days of incident after thought and due legal consultation. Applicant has no concern with deceased and her husband. He is living separately. Deceased has committed suicide herself. 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 15.1.2017 (more than two years and four months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that dying declaration of deceased was recorded, she stated that Hosiyari caught hold her, Ramkesh poured kerosene oil and Premwati set her on fire by matchstick. The bail application of co-accused Hosiyari has already been rejected by co-ordinate Bench of this Court. Deceased was died within seven years of her marriage and death was unnatural. 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 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 Ramkesh involved in Session Trial No. 231 of 2016 as well as Case Crime No. 231 of 2016, under Sections 498-A, 304-B IPC & Section 3/4 Dowry Prohibition, P.S. Saidangali, District Amroha is hereby rejected at this stage.
It is directed to 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 :- 31.5.2019 A. Singh