Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20218 of 2015 Applicant :- Srawan Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukul Tripathi,Alok Kumar Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A.
The present bail application has been filed by the applicant in Case Crime No. 818 of 2014, u/s 498-A, 306, 302, 307 I.P.C., P.S. Surajpur, District Gautam Budh Nagar with the prayer for enlarging him on bail.
Learned counsel for the applicant submits that he is wholly innocent and has not committed any offence whatsoever; the deceased had infact committed suicide but at the goading of her family members she has made dying declaration against applicant of setting her on fire; he further submitted that PW-1 first informant and other family members PW-2 and PW-3 all of them had not supported the prosecution version and have been declared hostile by the prosecution; besides them four other formal witnesses have also been examined, therefore, if the applicant is enlarged on bail there is no possibility of tampering with prosecution witnesses during trial.
Per contra learned A.G.A. opposed the prayer for bail and submitted that there is dying declaration of the deceased recorded by the Tehsildar/ Magistrate and there is no reason to disbelieve the same, besides it, the applicant is husband of the deceased, therefore, he is not entitled to be released on bail.
Having heard learned counsel for the applicant, learned AGA for the State and considering the nature and gravity of offence, I do not find it to be a fit case for enlarging the applicant on bail.
The bail application is, accordingly, rejected.
Considering the fact that the applicant is in jail since 14.11.2014, the trial court is directed to expedite the trial and conclude the same preferably within the period of four months from the date of production of the certified copy of this order before the trial court.
Order Date :- 31.7.2019 Dhirendra/