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KEDAR NATH versus STATE OF U.P

High Court of Judicature at Allahabad

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Kedar Nath v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 605 of 2004 [2005] RD-AH 1914 (12 August 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

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

The accused Kedar Nath has prayed for release on bail in case Crime No. 459 of 2003 under Sections 498 A/326/304B IPC and Section ¾ D.P.Act.

According to prosecution case Smt. Madhuri Devi was married to Chandr Shekhar son of the applicant according to Hindu rites three years prior to the incident. Accused demanded dowry and when it could not be given, she was burned on 14.9.2003. At about 4 p.m. She was shifted to hospital and her dying declaration was recorded on 16.9.2003. According to dying declaration the accused as well as the other co accused have been alleged to have poured kerosene oil and thereafter the accused applicant set her on fire.

In the circumstances, accused is not entitled to bail and application is liable to be rejected.

Bail application is hereby rejected. However Learned Trial Court is directed to expedite the hearing of the case and proceed under Section 309 Cr.P.C. It is expected that the accused shall cooperate in his speedy trial. Learned Trial Court shall make every effort to conclude the trial within a period of three months. In case the Trial is not concluded within the prescribed time then the concerned Court shall submit a report explaining the reasons for delay.

Dated: 12.8.2005

RKS/605/2004


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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