Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8038 of 2018 Applicant :- Suryaprakash Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Shivajee Srivastava, Advocate has put in appearance on behalf of the applicant and Sri Ram Kumara Verma, Advocate has also put in appearance on behalf of the complainant which are taken on record.
This is an application for bail made on behalf of Suryaprakash Chauhan in Case Crime No.484 of 2017, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Mohammadabad, District Mau.
Heard Sri Sri Shivajee Srivastava, learned counsel for the applicant, Sri Ram Kumara Verma, learned counsel for the complainant and Sri Kamal Singh Yadav, learned AGA alongwith Sri Vivek Dubey appearing on behalf of the State.
The submission of the learned counsel for the applicant is that he is the husband who has been falsely implicated in the instant crime on the account alone that he happens to be the husband; that there is no evidence of a dowry demand or harassment or cruelty in connection with demand of dowry immediately preceding the occurrence so as to attract the provisions of Section 304B IPC; that the deceased has committed unabetted suicide on account of a reason personal to her as stated in paragraph 17 of the affidavit where the applicant or any member of his family has had no role to play; that death is on account of unabetted suicide caused by asphyxia as a result of ante-mortem hanging as reflected from the post-mortem report; and, that the the applicant who is a respectable man with no criminal hisotry is in jail since 08.10.2017.
Learned AGA has opposed the 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. It is further stated that the applicant being the husband bears the highest order of responsibility.
The bail application, accordingly, stands rejected at this stage.
However, looking to the period of detention of the applicant, it is directed that the aforesaid case pending before the concerned court below be concluded strictly and positively within six months from the date of receipt of 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 V. 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 positively.
Let a copy of the order be certified to the court concerned for strict compliance.
Order Date :- 28.2.2018 Shahroz