Kanha v. State of U.P.

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19503 of 2019

Applicant :- Kanha Opposite Party :- State Of U.P. Counsel for Applicant :- Jamwant Maurya Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant and Sri P.K. Rai, learned brief holder for the State and perused the record.

Learned counsel for the applicant submitted that applicant husband of deceased due to which he has been falsely implicated. Four witnesses have been examined before trial court, they not supported the prosecution case and turned hostile. Deceased committed suicide herself in her father's house. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 12.6.2018 (near about eleven months) having no criminal history.

Learned A.G.A. opposed the prayer for bail and submitted that applicant is husband of deceased. Deceased was died within seven years of her marriage. Presumption under Section 113-B of Evidence Act will lie against the applicant. Trial is going on. Hence, he is not entitled for bail.

Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Kanha involved in Case Crime No. 693 of 2017, under Sections 498-A, 304-B, 323 IPC & Section 3/4 Dowry Prohibition Act, P.S. Kosikalan, District Mathura is hereby rejected at this stage.