HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 14816 of 2018
Applicant :- Sanjay Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Suneel Kumar Rai
Counsel for Opposite Party :- G.A.
Hon’ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Hari Pratap Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that Rakhi Singh, sister of the complainant, was married with the applicant on 17.5.2012 and on 13.7.2017 she was killed. According to postmortem report, ligature mark was found on the body of the deceased. Cause of death was found asphyxia as a result of hanging.
Learned counsel for the applicant submitted that due to husband the applicant has been falsely implicated and is languishing in jail since 14.7.2017 (more than two years and one month) having no criminal history. There is no possibility to get this case decided in near future due to heavy workload in the trial court. Deceased committed suicide herself. Nobody is responsible for her death. Deceased was the second wife of the applicant hence she was not satisfied. The applicant was married with the deceased after death of his first wife hence she committed suicide. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that deceased committed suicide in the house of the applicant and he is alone accused in this case and he is husband. Presumption under Section 106 of the Evidence Act will lie against the applicant. Hence he is not entitled for bail. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 340 of 2017, under Section 498A, Section304B, Section323 I.P.C. and Section 3/Section4 of Dowry Prohibition Act, Police Station Link Road, District Ghaziabad.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. S.P./S.S.P,- Ghaziabad are directed to ensure the presence of the witnesses summoned before the court below.
Office is directed to send a copy of this order to D.M. S.P./S.S.P,-Ghaziabad as well as to the court concerned within three days for compliance.
Order Date :- 22.8.2019