Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7415 of 2018 Applicant :- Sandeep Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application filed on behalf of Sandeep Tyagi in Case Crime No.283 of 2017, under Sections 498A, 304B, 201 I.P.C. and 3/4 D.P. Act, P.S. Muradnagar, District Ghaziabad.
Heard Sri Satish Kumar Tyagi, learned counsel for the applicant and Sri Indrajeet Singh Yadav alongwith Sri Vivek Duvey, learned AGA appearing for the State.
The submission of the learned counsel for the applicant is that the applicant is the husband; that there was no demand of dowry ever made or cruelty in connection with dowry prior to the occurrence; that the deceased committed unabetted suicide on account of fact that she had psychiatric problems on account of which she would stay in a state of depression and committed unabetted suicide as stated in paragraph 29 of the affidavit; that, however, in the post-mortem report the cause of death could not be ascertained and viscera were preserved; that the viscera report, copy of which is annexed as Annexure-7 to the affidavit shows the same to be negative for poison; that in the submission of the learned counsel for the applicant the witnesses of fact, the first informant Sant Ram, a maternal uncle of the deceased, the mother and father of the deceased being no more, deposed as PW-1 in the ongoing S.T. No.549 of 2017 (State V. Sant Ram), under Section 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Moradnagar, District Ghaziabad before the Court of Sessions Judge, Ghaziabad not supporting the prosecution at all and likewise PW-2, the other witness of fact, the wife of PW-1; that looking to the evidence of the witnesses of fact on behalf of the prosecution, further detention in jail for the applicant is not at all warranted; and, that the applicant is a respectable man with no criminal history who is in jail since 11.06.2017.
Learned AGA has opposed the bail plea 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. He has further submitted that evaluation of evidence is a matter which may best to be left to the trial court at least at this stage where other witnesses are still to be deposed.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, 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. The Sessions Judge, Ghaziabad where S.T. No.549 of 2017 (supra) is pending, is directed to proceed with the said trial and conclude the same within a period of three months positively on a day to day basis. In case witnesses do not appear on the first summons issued, necessary coercive processes forthwith be issued to them to secure their attendance and once a particular witness appears he may not be discharged until the conclusion of his/her evidence.
Order Date :- 26.2.2018 Shahroz