Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42198 of 2015 Applicant :- Smt. Sharda Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Tiwari,Prem Prakash,Rajneesh Ranjan,Vidya Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 99 of 2015, under Section 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, P.S.- Koraon, District- Allahabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant who is the mother-in-law of the deceased Seema, has been falsely implicated in the present case by the father of the deceased. He next submitted that by no stretch of imagination the applicant can either be said to be the beneficiary of the additional dowry comprising of Rs. 3,00,000/- cash and a motorcycle demanded from the deceased by her husband or attributed the role of torturing and maltreating the deceased in her matrimonial home on account of non-fulfilment of demands of additional dowry and her having eventually died in her matrimonial home as a result of the burn injuries received by her. He next submitted that the applicant is an old lady, having no criminal antecedents to her credit and is in jail since 15.05.2015, is entitled to be released on bail during the pendency of this trial.
Per contra learned A.G.A. submitted that the deceased Seema who died within two years of her marriage in her matrimonial home, in her dying declaration has categorically attributed the role of pouring kerosene oil on her and setting herself ablaze to the applicant. In view of the above, the applicant is not entitled to be enlarged on bail.
After having heard the learned counsel for the parties and perused the material on record, I am not inclined to enlarge the applicant on bail.
Hence, the prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the concerned trial Judge is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated hereinabove, the applicant may move fresh bail application before this Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 23.8.2018/KS