In this criminal bail application, the applicant sought enlargement while on trial for offenses involving dowry dispute and homicide. The single-judge bench rejected the bail plea, finding no good reason to grant indulgence given the nature of the charges.
Bail application stands rejected.
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Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30714 of 2018
Applicant :- Abhishek Rajbhar Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
By means of this application, the applicant who is involved in case crime no. 23 of 2018, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station-Kasimabad District-Ghazipur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR was lodged by the brother of the deceased against the applicant who is the sole named accused person. As per FIR, the marriage of the applicant was solemnized with the deceased wayback in the year 2015 in which Rs. 45,000/- and a buffalo was provided but the applicant was not satisfied with the said dowry. He used to demand additional dowry from the deceased and on account of it, the deceased was being tortured continuously till her death. The deceased died within three year of her marriage. As per post mortem report, there is a ligature mark around her neck and she died in unnatural circumstance.
Under the circumstances, I do not find any good reason to grant indulgence to the 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 trial within one year provided the applicant fully cooperates in conclusion of the trial.
Office is directed to transmit the copy of this order to the learned trial court within 15 days for intimation and necessary compliance.
Order Date :- 16.8.2018
Sumit S
2 issues framed by the court
Whether bail should be granted to the applicant accused under Sections 498A, 304B IPC and Section 3/4 D.P. Act.
Whether the involvement of a female deceased in unnatural circumstances warrants bail during trial.
Abhishek Rajbhar
Rahul Chaturvedi
As recorded by the court registry
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