Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31476 of 2018 Applicant :- Smt. Sunta Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raksha Tiwari,Chandra Prakash Garg,Nand Lal Yadav,Prem Chandra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Rejoinder affidavit filed today. Taken on record.
2. Heard Sri C.P. Garg, learned counsel for the applicant as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Smt. Sunta with a prayer to release her on bail in Case Crime No. - 23 of 2018, under Section - 302 I.P.C., Police Station - Marka, District - Banda, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 29.03.2018, the applicant is in confinement since 30.03.2018;
(iii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted, trial has commenced and there is no hope for early conclusion of trial.
5. The present applicant is the married sister-in-law of the deceased. Learned counsel for the applicant would submit that she has been falsely implicated inasmuch as the applicant had been married about 28 years before the incident and she had separate living. Also, it has been submitted that at trial, the key eye-witness had turned hostile or had not supported the prosecution story.
6. Opposing the aforesaid submission, learned AGA would submit, at present, there is no material to infer that any witness has turned hostile. The informant who is the mother of the deceased only stated that she had not seen anybody commit murder, however, in the entirety of facts and circumstances, it has been suggested, there is enough material to continue the detention of the present applicant.
7. Without entering into the merits and without making any observation thereto, at present, it appears that 7 witnesses have been examined including the doctor. As such, only formal witnesses remain and therefore, in the first place, no ground is made out for bail and second, no order may be passed as may influence the final outcome of the trial.
8. Accordingly, the present bail application is rejected with a direction to the learned court below to make all efforts to conclude the trial as expeditiously as possible, preferably within a period of six months from today, keeping in mind the principle of 309 Cr.P.C.
Order Date :- 26.11.2019 Abhilash