Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32695 of 2018 Applicant :- Surendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhaiya Ram Maurya,Rajnish Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.252 of 2014, under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, Police Station-Barnahal, District-Mainpuri, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that F.I.R. was lodged by the father of the deceased against the applicant(husband) and other co-accused persons for the alleged incident said to have been taken place on 08.11.2014. As per the FIR, the marriage of the daughter of the complainant was solemnized with the applicant on 16.04.2014. She was subjected to cruelty by her in-laws for demand of dowry. The applicant is the husband of the deceased. Learned counsel next contended that two witnesses of facts have been examined. The applicant is languishing in jail since 15.12.2014.
Learned A.G.A. opposed the bail prayer of the applicant and submitted that there is a dying declaration of the deceased-Seema in which she has attributed the role to her husband for pouring kerosene upon her and setting her ablaze. The deceased died within seven years of her marriage under unnatural circumstances.
Under these circumstances, keeping in view the fact that two witnesses of facts have been examined, I do not find any good reason to grant indulgence to the applicant.
Thus, the bail application stands rejected.
It is expected from the learned trial court to gear up the trial and made necessary endeavour to conclude the trial within a period of one year provided the applicant fully cooperates in conclusion of the trial.
Learned counsel for the applicant undertakes that he would furnish the certified copy of this order within fortnight.
Office is directed to transmit the copy of this order to the learned trial court for intimation and necessary compliance.
Order Date :- 28.8.2018/Sumit S