Supplementary counter affidavit filed by the learned A.G.A. is taken on record.
Heard Ms. Varsa Sharma, learned counsel for the applicant, Sri Ajai Kumar Singh Tomar, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.216 of 2018, under Sections 302 I.P.C., Police Station-Kotwali, District-Sitapur, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 02.04.2018. It is further submitted on behalf of applicant that marriage of the applicant was solemnized with the deceased long back and they were enjoying their matrimonial life and out of their wedlock, three children were born. She further submitted that FIR in question was lodged by the mother of the deceased with the allegation that she received information that her daughter, namely, Rashmi Misra was killed by the applicant, then she rushed to the house of her daughter along with other family members and found that the body of her daughter in mangle condition and nephew of her daughter, namely, Shobit Shukla, informed that applicant was killed the deceased with sharp edge weapon. Thereafter, inquest of the body of the deceased was conducted and body was sent for postmortem. In the postmortem report, five injuries were found on the body of the deceased. She further submitted that applicant was taken into custody on 02.04.2018 and after investigation, charge-sheet was filed by the Investigating Officer, and thereafter, case was committed to the court of Session. After framing of the charge, the trial was proceeded and informant was examined before the trial Court as PW-1, in which, she stated that she has not seen the incident and on the information given by her son-in-law, namely, Manoj Kumar Shukla, FIR was lodged with the allegation that applicant killed her daughter. She further submitted that PW-3, Shobhit Shukla, was also examined before the trial court and he deposed that on the date of incident, he was at his house and he was not aware that whether the quarrel was taken place in between the deceased and her husband and he has not seen the applicant. As FIR was lodged on the information of Shobhit Shukla and during examination before the trial court, he became hostile. She further submitted that trial is not being concluded in near future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that PW-2-Parul Kumar was examined before the trial court and he stated that Shobhit Shukla told him that applicant was causing injuries to the deceased and he saw the applicant, who was coming from the side of his house and his cloth and hand were bloodstained, then he tried to stop him, but he ran away. When the Parul Kumar (PW-2) reached at the house of applicant, then he found that body of wife of the applicant was lying in the court yard. He further submitted that Gadasa was recovered from the possession of applicant and his shirt is also taken into custody and recovery memo was prepared. He further submitted that applicant was having apprehension that the deceased was having illicit relation and on the date of incident, some quarrel was taken place, as a result, injuries were caused. In the postmortem report, five antemortem injuries were found on the body of the deceased and cause of death is shock & Haemorrhage due to antemortem injuries, therefore, applicant is not entitled for bail.
Considering the rival submissions of learned counsel for the parties and going through the statement of Parul Kumar (PW-2), deposed before the trial court and antemortem injuries found on the body of the deceased, I find no good ground to grant of bail to the applicant.
In view of the above, the bail application is hereby rejected.
Trial court is directed to conclude the trial of the present case, if possible, within a period of one year from the date of production/receipt of certified copy of this order, in accordance with law.
The Superintendent of Police and Joint Director Prosecution, Sitapur are directed to ensure the presence of witnesses as well as accused persons before the court below.
Office is directed to communicate this order to the authority concerned for necessary compliance, forthwith.
Order Date :- 18.8.2021 Amit/-