Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10836 of 2018 Applicant :- Sumit Kuamr @ Bhola Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ashfaq Ahmad Anasri, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA appearing for the State.
This is an application for bail on behalf of Sumit Kuamr @ Bhola in Case Crime No.202 of 2017, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, P.S. Masoori, District Ghaziabad.
The submission of the learned counsel for the applicant is that the applicant is the husband and has been falsely implicated on account of that fact alone; that there are no specific allegation against the applicant; that the deceased committed suicide by dousing herself in kerosene and setting herself afire after an argument with the mother-in-law, in regard to which her statement found recorded in the death summery shows under the column of history made by the doctor; that the version of the deceased also finds place in the medico legal report of the injury; that the applicant is not at all connected to the occurrence which was a matter between the mother-in-law and the daughter-in-law; and, that the applicant is a respectable man with no criminal history who is in jail in connection with the present crime since 07.05.2017.
Learned AGA has opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. In addition, it is also submitted that applicant being husband bears the highest order of responsibility.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, this Court without expressing any opinion on merits, does not find it to be a fit case for bail at this stage. The bail application stands rejected at this stage.
The proceedings of the trial have already been expedited vide order dated 27.02.2018 passed in Criminal Misc. Bail Application No. 3302 of 2018. However, looking to the aforesaid fact, trial court is directed to abide by the said order in letter and spirit.
Order Date :- 29.3.2018 Imroz