Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12759 of 2018 Applicant :- Satendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Barnwal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 47 of 2017, under Sections 498-A, 304-B of IPC and 3/4 D.P. Act, P.S. Shiwala Kalan, District Bijnor with the prayer to enlarge him on bail.
Contention of learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that neither any demand of dowry was made from the deceased nor she was harassed for dowry; that no injury was found on the person of deceased; that the cause of death of the deceased was asphyxia as a result of antemortem hanging; that the deceased has left a suicide note, in which she has clearly stated that after death of her father, she was feeling quite lonely and thus, she committed suicide; that in the said suicide note she has not made any incriminating allegation against the applicant or his family members; that during trial no witness has been examined so far; that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and that he is languishing in jail since 01.05.2017.
Learned A.G.A. has opposed the prayer for bail and argued that there is no evidence that alleged suicide note is in the hand writing of deceased or it was left by the deceased. The alleged suicide note has not been the part of investigation. It was further submitted that the deceased has suffered unnatural death at her matrimonial home within a period of one year and two months of her marriage. The applicant is the husband of the deceased and the main allegation is against him.
After hearing the learned counsel for the parties and after perusing the averments as contained in the present bail application and also looking into the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment and also considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the application for bail is rejected.
However, Keeping in view the period of detention of the applicant, it is directed that the aforesaid case pending before the court below be decided expeditiously, preferably within a period of six from the date of filing the copy of this order months in accordance with law.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 29.5.2019 A. Tripathi