Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11596 of 2018 Applicant :- Sagar Singh @ Sachin Opposite Party :- State Of U.P.
Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Purushottam Dixit, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Kulvir Singh appearing for the State.
This is an application for bail on behalf of Sagar Singh @ Sachin in Case Crime No.124 of 2014, under Sections 498A, 304-B IPC and under Section 3/4 of D.P. Act, P.S. Bela, District Auraiya.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case on account of fact alone that he happens to be the husband; that it is a case of an accident by fire while the deceased was cooking food as said in paragraph 6 of the affidavit; that the deceased was immediately rushed to the hospital by the applicant but passed away before she could reached hospital; that Sri Dixit has pointed out that in CD Parcha No. 2 it finds mention that there was no smell of kerosene found at the place of occurrence; that immediately after the death the applicant promptly informed the informant about the mishappening who attended all last rites of the deceased without an eyebrow raised; that there was no demand of dowry or cruelty immediately preceding the incident so as to attract the provisions of Section 304B IPC; that the applicant is a respectable man with no criminal history, who is in jail since 06.07.2016.
Learned AGA has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. He further submits that the applicant being the husband bears the highest order of responsibility.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the relationship of the applicant to the deceased, this Court without expressing any opinion on merits, does not find it to be a fit case for bail at this stage. The bail application stands rejected at this stage.
It is made clear that anything said in this order will have no effect on the rights of the parties and issues involved that are to be determined by the trial court.
However, looking to the fact that the applicant is in jail as an under trial, a period of one year and three quarters, it is directed that the trial Court will now proceed with the trial and conclude the S.T. No. 32/2017, State vs. Sagar Singh @ Sachin, P.S. Bela, District Auraiya within six months next positively from the date of receipt of a certified copy of this order.
The office shall forthwith send a copy of this order to the trial court concerned.
The witnesses, if they do not appear on the first summons, shall have their attendance secured through immediate issue of coercive processes, and, once a witness appears he/she will not be discharged till his/her evidence is concluded.
Order Date :- 30.3.2018 Imroz