Criminal Misc. Bail Application rejected. The High Court held that given the gravity of the charges involving attempted murder and dowry harassment, it is not a fit case for bail. However, an order for expeditious trial was issued.
Application rejected; direction for expeditious trial by Sessions Judge issued.
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Court No. - 32
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5456 of 2017
Applicant :- Aleem Opposite Party :- State Of U.P. Counsel for Applicant :- Hafeez Khan Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Hafeez Khan, learned counsel for the applicant and Mr. Raj Bahadur Yadav, learned Additional Government Advocate for the State.
By means of this bail application, the applicant Aleem, who is involved in case crime No. 240 of 2013, under section 498-A, 307 IPC and 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, district Ghaziabad, seek his enlargement on bail during trial.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case for some ulterior motive. Learned counsel for the appellant further submits that only general allegations of pouring kerosene and setting the victim on fire have been assigned to all the accused. Learned counsel for the applicant further submits that some of the accused have been granted bail. Learned counsel for the applicant also submits that the applicant has been in jail since 01.10.2015 and that he does not have any criminal history. In case the applicant is released on bail he will not misuse the liberty of bail and cooperate with the trial.
On the other hand, learned Additional Government has vehemently opposed the prayer for bail and submitted that specific role of setting the victim on fire was assigned to the applicant, who is the husband of the deceased. Learned AGA further submits that the applicant being the husband is responsible for the security and welfare of the victim. He also submits that the innocence of the applicant cannot be adjudge at the pre-trial stage.
Having considered the submissions of the parties, looking to the nature of offence and its gravity and
overall circumstances of the case, I am of the view that it is not a fit case for bai. Accordingly, the bail application is rejected.
However, considering the facts and circumstances of the case, it is directed that the learned Additional Sessions Judge, who is seized of the matter is directed to make an endeavour to decide the case as expeditiously as possible, preferably within six months from the date of production of a certified copy of this order before the court concerned.
Order Date :- 16.3.2018 Ishrat
2 issues framed by the court
Whether the accused is entitled to bail in a case involving sections 498-A, 307 IPC and Dowry Prohibition Act.
Whether the specific nature of the offence warrants rejection of bail.
Aleem
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
