Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13698 of 2016 Applicant :- Shamshad Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shoeb Khan,Nazrul Islam Jafri,Pramod Kumar Maurya,Vibhav Prakash Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Counter affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No.206/2015 under Sections 498A, 304B IPC & 3/4 D.P. Act police station Pipraich District Gorakhpur with the prayer to enlarge him on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
Accused-applicant is the husband of the deceased. Death took place within seven years of marriage under unnatural circumstances in the house of the husband. Cause of death is burning.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the averments as contained in the present bail application and also looking to the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
However, looking to 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 eight months in accordance with Section 309 Cr.P.C. and also in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the case of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220.
It is made clear that in case, the witnesses are not appearing before the court concerned, liberty is being given to the concerned court to take necessary coercive measures in accordance with law for ensuring the presence of the witnesses.
Office is directed to forward a copy of this order to the concerned court below for necessary compliance.
Order Date :- 30.3.2018 Anand