Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3261 of 2018 Applicant :- Reena Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan, Akhilesh Kumar Pandey, Santosh Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Shri Satyam Narayan, counsel for applicant; Shri A.D. Mishra, learned AGA for State and perused the record of the case.
This Bail Application under Section 439 Cr.P.C. has been moved for seeking bail in Case Crime No. 473 of 2014, under Sections 302, 34 of IPC, P.S. Daurala, District -Meerut.
It is argued by the learned counsel for applicant that the applicant is the wife of the deceased and has been falsely implicated in the present case. There is no direct evidence on record against the accused-applicant. The accused applicant has no role in commission of the offence. She has no criminal history and is languishing in jail since 20.08.2014; if released on bail she will not misuse the liberty of bail.
The learned A.G.A. has vehemently opposed the plea for grant of bail to the applicant and has argued that the deceased has died in the house of the accused applicant who is his wife. In the postmortem report there are found as many as eight ante-mortem injuries to have been caused to the deceased. The cause of death is asphyxia as a result of ante-mortem throttling. Therefore, under the provisions of Section 106 of the Indian Evidence Act the sole responsibility of burden to explain how the death occurred lies upon the accused applicant which she has failed to do and does not deserve for bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant in the aforesaid case. Accordingly, the Bail Application of the applicant, Smt. Reena, is rejected.
However, the Trial Court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. expeditiously within a period of one year from the date of production of a certified copy of this order.
Order Date :- 31.7.2019 LBY