Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44370 of 2019 Applicant :- Sudama Bind Opposite Party :- State of U.P.
Counsel for Applicant :- Kalp Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Kalp Raj Singh, learned counsel for the applicant and Sri B.B. Upadhyay, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sudama Bind seeking enlargement on bail during trial in connection with Case Crime No. 92 of 2018, under Sections 498-A, 304B IPC and Section 3/4 D.P. Act, registered at P.S. Lalganj, District Mirzapur.
Learned counsel for the applicant argued that the applicant is the husband of the deceased Smt. Guddi Devi. It is argued that the applicant and the deceased had entered into a wedlock in temple and the marriage was a second marriage between them. It is argued that the applicant has been falsely implicated in the present case. There was never any demand of dowry from the side of the applicant. It is argued that as per the postmortem report, there was no injury found on the body of the deceased. It is argued that the trial in the present case has started in which the statement of Ram Jatan Bind who is the first informant being PW-1 and Ram Kali @ Raj Kali the mother of the deceased has been recorded as PW-2. It is argued that the deceased committed suicide by consuming poison as the applicant was working at a different place and in spite of her pressurizing him to take her with him he had refused to do so. It is further argued that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 11.08.2018.
Per contra, learned AGA opposed the prayer for bail.
I have heard learned counsel for the parties and have gone through the records, it appears that there is no explanation forth coming in convincing terms for the reason for deceased to commit suicide. The marriage had taken place on 13.03.2017 and the death of the deceased took place on 06.04.2018 which is about one year after marriage, I do not fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail at this stage.
The bail application is, accordingly, rejected.
However, at this stage, learned counsel states that a direction may be given to the trial court for expeditious disposal of trial. Accordingly, looking to the period of incarceration, the trial court is directed to expedite the trial and make an endeavour to conclude the same, strictly in accordance with Section 309 Cr.P.C., preferably within a period of six months, without granting unnecessary adjournment to either of the parties, subject to any legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 M. ARIF (Samit Gopal, J.)