Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11038 of 2018 Applicant :- Vipin Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Dharmendra Kumar Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Kulveer Singh appearing for State.
This is an application for bail on behalf of Vipin in Case Crime No. 549 of 2016, under Sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act, P.S. Nukur, District-Saharanpur.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present crime as he happens to be the husband; that there was no demand of dowry or cruelty in connection with dowry so as to bring the case in the teeth of Section 304-B I.P.C; that it is empathetically argued by Sri D.K. Singh that the principal allegation of assault that led to his wife's death is against his father and brother, that is to say, Deshraj and Devraj as asserted in paragraph 10 of the affidavit, a fact also borne out from a perusal of the FIR; that it is submitted that all the nominated accused who have been assigned the role of assault on his wife that is to say Deshraj and Devraj have been admitted to the concession of bail by this Court and Deshraj has now filed an affidavit in the present case in support of the applicant's bail plea; that there is no allegation of assault against the applicant and that the applicant is a respectable man who is in jail in connection with the present crime since 01.12.2016, that is to say more than year and quarter by now.
Learned AGA has opposed the prayer for bail with the submission that the applicant might not have been assigned any role in the assault on his wife. He bears the highest order of responsibility on account of being the husband.
Considering the overall facts and circumstances of the case, the nature of allegation, the gravity of the offence, severity of punishment, in particular, the relationship with the applicant for the deceased, the evidence appearing at this stage but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
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 a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of the 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 :- 27.3.2018 S. Thakur