Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7630 of 2018 Applicant :- Suresh Chand Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Saxena,Vijit Saxena Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Bhishm Pal Singh, Advocate has put in appearance on behalf of the complainant. His appearance is taken on record.
This is a bail application on behalf of Suresh Chand in connection with Case Crime No. 1004 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Tajganj, District Agra.
Heard Sri Kuldeep Saxena, learned counsel for the applicant, Sri Bhishm Pal Singh, learned counsel for the complainant and Sri S.A.S. Abidi, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the father-in-law; that there are general allegations against the entire family with no specific allegation against the applicant as asserted in paragraph nos. 8 and 18 of the affidavit; that the applicant on the one hand and the deceased with her husband on the other were living separately as stated in paragraph no. 10 of the affidavit; that whatever happened that led to the deceased's death was an issue between the husband and wife where the applicant who is the father-in-law has had no role to play; that the applicant has been roped in by the prosecution on account of the fact alone that he happens to be the father-in-law; and, that the applicant who is a respectable man with no criminal history is in jail since 12.12.2017.
Learned counsel for the complainant, on the other hand, submitted that the deceased was done to death in which the applicant has been found to have had a direct role as the police have chargesheeted him on the evidence collected; that the learned counsel for the complainant has particularly emphasized that the cause of death is strangulation which shows it to be a case of homicide excluding suicide; and that there has been a background of dowry demand squarely attracting the provisions of Section 304B IPC.
Learned AGA has also opposed the prayer for bail and adopted the submission of learned counsel for the complainant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the applicant is the father-in-law and the cause of death is strangulation but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
Accordingly, the bail application stands rejected at this stage.
The trial court is directed to expedite proceedings and conclude the trial preferably within six months next from the receipt of a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar vs. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 27.2.2018 Deepak