Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1770 of 2018 Applicant :- Shehzad Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is a second bail application of the applicant in case crime No.119 of 2012, under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act, P.S. Biharigarh, District Saharanpur with the prayer to enlarge him on bail.
The first bail application No.912 of 2016 was rejected by noticing that the deceased had given a dying declaration inculpating the petitioner. Admittedly, the deceased has died within seven years of her marriage on account of burn injuries and there were allegations that the deceased had been subjected to harassment in connection with demand of dowry. While rejecting the bail application the Court had directed that the trial shall be completed within six months.
The learned counsel for the applicant has submitted that the trial proceedings had already attained the stage of conclusion and at the time of arguments, a witness was recalled in connection with which, an application under Section 482 Cr.P.C. has been filed, which is pending, and, therefore, the trial has been held up.
Upon query by the Court, the learned counsel for the applicant admitted that the application under Section 482 Cr.P.C. has been filed by the applicant and that there is no interim order in the proceedings of the said application under Section 482 Cr.P.C.
In view of the above, as there appears no legal impediment in conclusion of the trial, the applicant may press for early disposal of the trial. However, since there appears a dying declaration, which has been proved by the person who recorded dying declaration, no case for grant of bail is made out. The bail application is rejected.
Order Date :- 26.4.2019 AKShukla/-