Kallu Alias Gaurav vs State Of U.P.
2019 Latest Caselaw 541 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9461 of 2019
 

 
Applicant :- Kallu Alias Gaurav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- K.N. Raha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

This Criminal Misc. Bail Application has been moved on behalf of the applicant Kallu alias Gaurav who is involved in Case Crime No. 1255 of 2017, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Powayan, District Shahjahanpur.

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

Learned counsel for the applicant submits that applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased before two years of the alleged incident. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. The applicant was doing job at Delhi. On the day of alleged incident the applicant came from Delhi at his house Buskhera Khurd and he stated to his wife that he has to go to his father's house at Powayan but the deceased told to the applicant to take meal first. The applicant denied for taking meal and some hot talk has taken place in between the applicant and deceased. In the absence of applicant the deceased has committed suicide. At the time of postmortem no injury has been found on the body of the deceased except burn injury. It has further been submitted that during trial the statements of all the witnesses of fact have been recorded. The applicant has no criminal history and is in jail since 4.6.2017.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that the deceased had died an unnatural death within 7 years of her marriage due to burn injuries. In FIR it has been mentioned that applicant harassed and tortured to the deceased due to non fulfillment of demand of dowry of a car (four wheeler). The applicant is the husband of the deceased who is more responsible for safety and security of the deceased, therefore, he is not entitled for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.

Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Kallu alias Gaurav is hereby rejected.

However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of six months from the date of the production of the certified copy of this order, if there is no legal impediment.

Order Date :- 6.3.2019

Masarrat