Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1341 of 2019 Applicant :- Sandeep Kumar Tripathi Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava,Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Amit Kumar Srivastava, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Sandeep Kumar Tripathi, seeking his enlargement on bail in Case Crime No. 71 of 2018 under Sections 498A, 306 IPC, P.S. Kaushambi, District Kaushambi during the pendency of the trial.
From the record, it appears that the marriage of the applicant was solemnized with the deceased about 15 to 16 years ago. From the wedlock of the applicant and the deceased, a daughter namely, Varsha aged about 15 years and a son namely, Prince aged about 10 years were born. The wife of the applicant is alleged to have committed suicide on 2.8.2018 on account of the attrocities alleged to have been committed by the present applicant. This fact stands corroborated from the statement of the daughter of the applicant, which is on the record as Annexure-5 to the paper book. Learned counsel for the applicant submits that even as per the statement of the daughter of the present applicant, it cannot be said that the applicant has abetted in the commission of the alleged crime. It is well established principle of law that a Court of bail even if it is a Superior Court must refrain itself from evaluating the evidence which has come during the course of trial and particularly when the trial is pending.
Having considered the submissions made by the learned counsel for the applicants, the learned A.G.A. for the State and upon perusal of the material brought on the record and the complicity of the applicants but without making any comments on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused applicant. Thus, the bail application of the present applicants stands rejected.
However, the trial court is expected to gear up the trial of the aforesaid case and conclude the same within a period of six months from the date of production of a certified copy of this order, in accordance with law, without granting any unnecessary adjournment to either of the parties, provided the applicant fully cooperates in conclusion of the trial, if there is no other legal impediment.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 22.1.2019 Arshad