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Rakesh vs State Of U.P. on 25 November, 2019


?Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 17025 of 2018

Applicant :- Rakesh

Opposite Party :- State of U.P.

Counsel for Applicant :- Ashok Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Saumitra Dayal Singh,J.

1. Heard Sri Ashok Kumar Singh, learned counsel for the applicant as well as Sri Nagendra Kumar Srivastava, learned AGA for the State and perused the material placed on record.

2. The instant bail application has been filed on behalf of the applicant – Rakesh with a prayer to release him on bail in Case Crime No. 128 of 2016, under Sections 498A, Section304B I.P.C. and Section 3/4 D.P. Act, Police Station – Maharajganj, District – Azamgarh, during pendency of trial.

3. Having heard learned counsel for the parties, at present:

(i) the applicant is accused of offence of dowry death, punishable with imprisonment upto life;

(ii) against FIR lodged on 03.08.2016, the applicant is in confinement since 05.08.2016;

(iii) the applicant claims to have cooperated in the investigation. In any case, he is not shown to have unduly evaded arrest;

(iv) the applicant has no criminal history;

(v) chargesheet has already been submitted and trial is proceeding. At present, four witnesses of facts are claimed to have been examined. However, trial may take further time, as other witnesses are yet to be examined. Relying on the viscera report that has been received from the trial court, a copy of which has been annexed with the supplementary affidavit filed to the present bail application, it has been submitted that the cause of death was consumption of poisonous substance. Therefore, it was a case of suicidal death with which the applicant has been wrongly implicated. Therefore, his liberty has been pleaded to be restored;

(vi) on the other hand, learned AGA would submit that, other than the viscera report, there is post-mortem report indicating ante mortem injuries. It is not a case of suicidal death but a homicide incident wherein the victim had been forcibly administered poisonous substance.

4. Without entering into merits of the submissions so advanced, at present, no case for bail is made out, inasmuch as, other than the viscera report, there is a post-mortem report, indicating ante mortem injurites. Also, there is allegation of demand of dowry preceding the death of the victim and, in fact, that has been cited the real reason for unnatural death. Moreover, learned counsel for the applicant has not relied any part of the statements that have already been recorded by the trial court in support of the bail being claimed. Accordingly, the prayer for bail is rejected.

5. However, the trial court may conclude the trial as expeditiously as possible, preferably within a period of one year from today, without granting unnecessary or long adjournments.

Order Date :- 25.11.2019




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