Criminal Misc. Bail Application wherein the applicant, husband of the deceased, sought bail in a dowry death case. The single judge found no good reason to grant bail and rejected the application, directing the trial court to conclude the trial within six months.
Bail application rejected. Trial directed to conclude within six months.
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Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16455 of 2018
Applicant :- Vikas Bind Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Rejoinder affidavit filed on behalf of the applicant which is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 231 of 2017, under Sections 498A, 304B IPC and 3/4 D.P. Act, P.S. Gopiganj, District- Bhadohi, is seeking enlargement on bail during the trial.
Submission made by the counsel for the applicant that the applicant is husband of the deceased and the victim died in a suspicious circumstances within a period of one year of her marriage by hanging herself. As per the FIR version, there was demand of a motor cycle as additional dowry and on account of this, she was constantly harassed by her husband and other in-laws. It is extraneously argued by the counsel for the applicant that since on and half year the applicant is languishing in jail and two prosecution witnesses have been examined and both of them has turned hostile.
Under the circumstances, I do not find any good reason to exercise my discretion in favour of the accused 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 same within a period of six months positively. It is directed that the applicant would render all necessary co-operation in early conclusion of the trial.
Office is directed to communicate the copy of this order to concern court for the necessary compliance within 15 days from the production of certified copy of this order.
Order Date :- 27.8.2018
Nisha
3 issues framed by the court
Whether the applicant is entitled to bail under the circumstances of the case.
Whether the turning hostile of prosecution witnesses constitutes ground for bail.
Whether the Trial Court must conclude the trial within six months.
Vikas Bind
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
