In Criminal Misc. Bail Application No. 6396 of 2020, the court considered bail under Sections 498-A, 304-B IPC and DP Act. Despite being the husband of the deceased, bail was declined without expressing an opinion on merits, but the trial was directed to be concluded within 1.5 years.
Bail declined; trial directed to conclude within one and a half year.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6396 of 2020
Applicant :- Gomal Alias Nagendra Opposite Party :- State of U.P. Counsel for Applicant :- Kaushal Kishore Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Kaushal Kishore Mani Tripathi, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Gomal Alias Nagendra seeks bail in Case Crime No. 36 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/4 of DP Act, Police Station- Kaptanganj, District- Kushinagar.
Having heard learned counsels for the parties, considering the facts and circumstances of the case as also that the applicant is the husband and the deceased has died on account of throttling within a period of two years of marriage, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 26.2.2019, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of one and a half year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 18.1.2021 Vikas
Gomal Alias Nagendra
Rahul Chaturvedi
As recorded by the court registry
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