In a bail application under Sections 498-A, 304-B IPC and Dowry Prohibition Act regarding a second complaint, the court rejected the plea as no new ground emerged given that eleven witnesses were examined and the trial had reached a logical conclusion.
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Neutral Citation No. - 2023:AHC:100840
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41200 of 2020
Applicant :- Pratap Baitha Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shoeb Khan,Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed in Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
This is second bail application moved on behalf of the applicant as the first bail application being Criminal Misc. Bail Application No. 35586 of 2017 has been rejected by Hon'ble Mr. Justice Bachchoo Lal (since retired) vide order dated 03.12.2019.
The present bail application has been filed on behalf of applicant in S.T. No. 539 of 2014 arising out of Case Crime No. 1380 of 2014, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Taryasujan, District Kushinagar with the prayer to enlarge the applicant on bail.
It is submitted by learned counsel for applicant that applicant is innocent and has not committed any offence as alleged in the first information report. It is submitted that the applicant is the husband of the deceased Aarti @ Shilpi, who was married to the applicant prior to five years from the date of incident. It is further submitted that Aarti @ Shilpi disappeared from her inlaws house and at that time the applicant was not present at his house. The applicant never made any demand of dowry from his wife and further never treated her with cruelty. It is further submitted that in Court today supplementary affidavit has been filed on behalf of the applicant, whereby status of the trial has been brought on record, which discloses that eleven prosecution witnesses have been examined. Learned counsel for applicant lastly submits that applicant is in jail since 18.10.2014 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Per contra learned A.G.A. vehemently opposed the prayer for bail and submitted that P.W.11 is the Dr. Satish Chandra,who conducted the postmortem of the deceased. As per postmortem report two injuries have been found on the body of the deceased. A fracture of left occipital bone and a fracture of left temporal bone was found to the deceased. 3rd, 4rth and 5th rib of left side were also found fractured and the cause of death of the deceased has been shown haemorrhage, shock and coma as a result of ante mortem injuries. The applicant and other coaccused have committed the murder of the deceased. The applicant is the husband. The trial is at its logical end.
Considering the facts and circumstances of the case as well as keeping in view the fact that eleven prosecution witnesses have been examined and the trial is at its logical end, I do not find any new ground to enlarge the applicant on bail.
Accordingly, the bail application of the applicant, Pratap Baitha , is hereby rejected.
However, the trial court is directed to make every endeavour to conclude the trial of S.T. No. 539 of 2014 arising out of Case Crime No. 1380 of 2014, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Taryasujan, District Kushinagar, expeditiously, say within a period of four months from the date a certified copy of this order is produced before it keeping in view the provisions of Section 309 Cr.P.C.
Order Date :- 10.5.2023 Prajapati
Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant satisfies the requirements for grant of bail in a murder and dowry-related case where eleven prosecution witnesses have been examined and the trial is at its logical end.
3 provisions across 3 enactments
Pratap Baitha
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
