Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7908 of 2018 Applicant :- Saleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Saleem in Case Crime No.566 of 2017, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S.-Charthawal, District-Muzaffar Nagar.
Heard Sri S.K. Agarwal, learned counsel for the applicant, Sri Indrajeet Singh Yadav, learned AGA appearing for the State.
The submission of the learned counsel for the applicant is that he is the husband; that he lives away from home and stays at Mumbai in Maharashtra where he is an employed as a labourer; that the deceased committed suicide on account of joining issues with her husband where she said that she also wanted to accompany him to Mumbai and live with him which the applicant could not afford; that the aforesaid brewing dispute between the parties led to a quarrel with her in laws at home on account of which she committed suicide by consuming something poisonous, apparently, as stated in paragraph-16 of the affidavit; that there has never been any demand of dowry or cruelty in connection with dowry so as to attract the provisions of Section 304-B IPC; and, that the applicant is a respectable man with no criminal history who is in jail since 27.10.2017.
Learned AGA has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand and the applicant being the husband bears the highest order of responsibility.
Considering the overall facts and circumstances, the gravity of the offence, the nature of allegations, the evidence appearing in the case, the relationship of the applicant to the deceased who is the husband but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
The bail application, accordingly, stands rejected at this stage.
However, looking to the period of detention of the applicant, it is directed that the aforesaid case pending before the concerned court below be concluded within six months from the date of receipt of certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar V. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence positively.
Let a copy of the order be certified to the court concerned for strict compliance.
Order Date :- 27.2.2018 Ashutosh