Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22862 of 2018 Applicant :- Sanjay Sonkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in Case Crime No.146 of 2017, under Sections 498A, 304B I.P.C & ¾ Dowry Prohibition Act, Police Station Kotwali Katra, District Mirzapur, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that as per the prosecution case in brief, father of the deceased (Smt.Kavita) lodged F.I.R. dated 24.03.2017 alleging therein that his daughter Kavita (deceased) was married to applicant (Sanjay Sonkar) on 28.05.2010. From the wedlock of deceased and applicant, two childrens were born, but deceased was continuously being harassed and tortured for demand of dowry. On 23.03.2017 deceased was killed by giving poison.
It is next submitted that the applicant has been falsely implicated in this case. Deceased died her natural death. F.I.R. was lodged after one day of incident. P.W.-1 (father of the deceased) and P.W.-2 (mother of the deceased) have been declared hostile in the trial. Applicant has no criminal history. No offence under Section 304 I.P.C. is made out against the applicant. The applicant is in jail since 26.03.2017.
On the aforesaid fact, it is prayed that the applicant is liable to be released on bail.
Per contra, learned AGA opposed the application for bail by filing counter affidavit and contending that the applicant being husband alongwith other co-accused demanded additional dowry and when the same was not fulfilled, they harassed and tortured the deceased and ultimately they killed her getting poison administered to her within a period of seven years from her marriage with the accused applicant, therefore, offence under sections 498A, 304 B I.P.C. & ¾ Dowry Prohibition Act is made out against the applicant.
In the postmortem report of the deceased, six anti-mortem injuries are mentioned and cause of death is Asphysia due to throttling. P.W.-1 and P.W.-2 in their examination-in-chief fully supported the prosecution case, but later on they won over by the accused persons, hence in cross examination they have given some contradictory statement and declared hostile by the prosecution. It is also submitted that the trial of the applicant is at the advanced stage, therefore, applicant is not liable to be released on bail.
Having considered the facts and circumstances of the case, nature of offence, the gravity involved therein and the manner in which the crime has been committed, no case for bail is made out.
The application for bail is hereby rejected.
However, considering the request made on behalf of the applicant, the trial court is directed to conclude the trial of the applicant preferably within a period of six months from the date of production of the certified copy of this order without granting unnecessary adjournments to either of the parties.
Order Date :- 31.7.2019 SKD