Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22779 of 2019 Applicant :- Sushil Kumar Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Rashmi Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Ms. Rashmi Srivastava, learned counsel for the applicant and Sri K.P. Tiwari, learned brief holder for the State and perused the record.
Learned counsel for the applicant submitted that the applicant is husband of deceased due to which he has been falsely implicated in the present. There is no independent witness against the applicant. Deceased committed suicide herself. Applicant was not present at the time of incident. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 23.1.2017 (near about two years and four months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is husband of deceased. Marriage of deceased was solemnized with applicant on 28.5.2017 and she was died on 7.10.2018 within seven years of her marriage and death was unnatural. Presumption under Section 113-B of Evidence Act will lie against the applicant. Trial is going on. Hence he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Sushil Kumar Vishwakarma involved in Case Crime No. 456 of 2018, under Sections 498-A, 304-B IPC & Section 3/4 Dowry Prohibition, P.S. Koraon, District Allahabad is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no any legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 30.5.2019 A. Singh