In Criminal Misc. Bail Application No. 7943 of 2019, this single-judge Court rejected the bail plea of Manoj Singh, the main accused in a murder case involving dowry-related death, rejecting the submission that the trial had lingered for over five and a half years.
None granted; Bail application rejected.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7943 of 2019
Applicant :- Manoj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Hridai Narayan Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
FIR of the incident dated 7.6.2015 was lodged on 8.6.2015 at 11:15 hours. It has been stated in the FIR that deceased Sunaina Rao was married to Manoj Singh, the applicant on 19.5.2013. At the time of marriage, in the shape of dowry Rs. 1,40,000/was demanded which was fulfilled in two installments. Thereafter whatever was demanded by the in-laws from time to time, was being satisfied by the first informant. Earlier, the inlaws of the deceased also assaulted the deceased by pressing her neck. They also used to torture the deceased and use to shut her in a room. In February, 2014, they got treated the deceased and she become healthy and lived at the house of the first informant for about 18 months. On 22.5.2015, Manoj, the husband of the deceased came to the house of the first informant and asked for vidai on which vidai was made on 22.5.2015. At the time of vidai his daughter was weeping and saying that accused would kill her. He had given Rs. 10,000/- at that time and told to her daughter that he would visit after a month. On 6.6.2015, the deceased informed on telephone that she was suffering from illness but no treatment is being provided by her in-laws. The husband of the deceased was having illicit relation with his sister in law and it was seen by the deceased then she was being tortured by her husband as well as her sister in law. The deceased was killed by her in laws by hanging her on the ceiling fan.
This is the second bail application of the applicant. The first bail application of the applicant was rejected by Hon. Ram Surat Ram Maurya, J. vide order dated 24.8.2018 passed in Criminal Misc. Bail Application No. 16390 of 2016. The new ground on which the applicant is seeking enlargement on bail during the trial, vide this application is that the applicant is in jail since more than five and half years and the trial has not yet been concluded. He also submitted that PW-7 and PW-8, who were witness of panchayatnama, have become hostile.
Per contra learned AGA has opposed the prayer for bail and
submitted that since the deceased had died within seven years of her marriage in her matrimonial home and the burden is upon the defence to explain the circumstances under which the deceased had died, which the applicant has failed to discharge satisfactory at this stage. The applicant is the main accused in the present case and hence he is not entitled to be enlarged on bail at this stage.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, this Court is not inclined to enlarge the applicant on bail at this stage, hence the bail applicant is rejected.
Order Date :- 5.11.2020 Faridul
Manoj Singh
Ajit Singh
As recorded by the court registry
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