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Faya Nath Yadav (Third Bail) vs State Of U.P on 25 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 3860 of 2018

Applicant :- Faya Nath Yadav (Third Bail)

Opposite Party :- State Of U.P

Counsel for Applicant :- Shobh Nath Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Anant Kumar,J.

This is the third bail application. The first bail application being Bail No.5793 of 2012 was rejected for want of prosecution. The second bail application being Bail No.8318 of 2014 was rejected on merits.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant in Case Crime No.381/2011, under Sections 498A, Section304B I.P.C. Section 3/4 D.P. Act, Police Station – Kurebhar, District – Sultanpur.

As an additional ground, it is stated by learned counsel for he applicant that the applicant is in jail since 2011 and the trial has not yet been concluded. It is also stated that during course of trial, statement of two witnesses has been recorded but they have not stated specifically about the demand of dowry.

Opposing the bail, learned A.G.A. has stated that the mother of the deceased Sumita has been examined as PW.1 before the trial court. She has clearly stated that even before the occurrence the deceased was badly beaten by the inlaws and the present applicant. She was roamed around the village. Her clothes were also torn. The death has been caused by burning. Kerosene oil was poured upon her and put her to fire.

All these facts have already been considered by the court while considering the second bail application. The trial is in progress. There is no good ground for granting bail.

Accordingly, the bail application is rejected.

The trial court is directed to expedite the trial and take proper coercive steps against the witnesses to ensure that the trial will be concluded preferably within a period of six months.

Order Date :- 25.7.2019 / S. Kumar

 

 

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