Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34225 of 2020 Applicant :- Vinod Kumar Kol Opposite Party :- State of U.P.
Counsel for Applicant :- Shailesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in case crime no. 216 of 2019, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Hallia, district Mirzapur with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that the applicant is husband of the deceased and he has not committed any offence. It was submitted that in fact before her marriage, deceased had eloped with the applicant and thereafter the family members of deceased had married her with the applicant and thus, there is no question of any dowry. Learned counsel submitted that in the first information report, no allegation has been made that applicant was harassing the deceased on account of demand of dowry. It was submitted that in fact deceased was suffering from tuberculosis and she used to remain under depression and that she has committed suicide due to that reason. In the post-mortem report, no injury has been shown on the body of the deceased and viscera was preserved and as per the viscera report, Aluminum Phosphide was found. Learned counsel submitted that version regarding dowry demand and harassment of deceased is thoroughly false and baseless and no offence under Section 304-B I.P.C. is made out. It has further been submitted that applicant is languishing in jail since 06.01.2020 having no criminal history and that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that as per the prosecution version, deceased had married with the applicant by eloping with him and that being husband of deceased, it was the duty of applicant to protect his wife. It was also pointed out that the deceased has suffered unnatural death within a short period of six months of her marriage. The submission of learned counsel for applicant that she was suffering from tuberculosis, is not supported by any medical evidence.
Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, no case for bail has been made out.
Accordingly, the bail application of applicant-Vinod Kumar Kol is rejected.
However, considering the period of incarceration of applicant, the learned trial Court is directed to make all possible endeavours to decide the aforesaid case expeditiously, preferably within a period of one year from the date of production of a copy of this order before it.
Order Date :- 6.10.2021 pks