Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18119 of 2019 Applicant :- Shesh Bahadur Singh @ Sheshnath Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Rai,Sri Kamal Krishna, Sr.Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Shesh Bahadur Singh @ Sheshnath Singh who is involved in Case Crime No. 41 of 2018 under section 498-A, 302 I.P.C. and 3/4 D.P. Act, Police Station Bansdih Road, District Ballia.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased in month of February of 2008. In the first information report it has been mentioned that the deceased was harassed and tortured due to non fulfilment of demand of dowry of Rs. two lakhs by the applicant and other co -accused. It has been further mentioned that the deceased had seen the applicant with the co-accused Sarita Singh in a compromising position. In this regard the deceased has also informed to the informant. In fact there was no dispute of demand of dowry. The deceased was issue-less even after ten years of her marriage due to which it appears that she has committed suicide. There is no eye witness of the alleged occurrence. The applicant has not committed the murder of the deceased and false allegation has been made against him.There is no criminal history of the applicant and he is in jail since 11.4.2018.
Per contra learned A.G.A. opposed the prayer for bail and argued that the applicant is husband of the deceased. In the first information report it has been mentioned that the applicant and the other co-accused harassed and tortured the deceased due to non fulfilment of demand of dowry. There was illicit relation in between the applicant and his Bhabhi Sarita Singh and the deceased had seen them in a compromising position due to which the applicant and other co-accused have committed murder of the deceased. As per post mortem report 100 % burn injury has been found to the deceased. The applicant is husband of the deceased and he is more responsible for safety and security of his wife, therefore, he is not entitled for bail.
Without expressing any opinion on the merit of the case and considering the submissions advanced by learned counsel for the parties, I do not find any good ground to release the applicant on bail. Accordingly, the bail application of the applicant is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 30.4.2019 Gss