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Rajesh Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 4016 of 2006 [2006] RD-AH 19922 (23 November 2006)


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Criminal Misc. Second Bail Application No. 4016 of 2006

Rajesh Kumar versus State Of U.P.

Hon. Vinod Prasad, J

This is the second innings of the applicant under section 439 Cr.P.C. seeking his release on bail in crime number 201 of 2005 under section 498 A 340B IPC and ¾ D.P. Act police station Bharthana District Etawah. His first bail was refused by this court on 9.12.2005 by Hon'ble C.P. Misra J.

I have heard Sri Manish Tiwari , learned counsel for the applicant and the Learned AGA in opposition .

Sri Tiwari contended that the applicant is innocent and he has been falsely implicated in this case due to ulterior motives. He contended that the applicant had tried to save his wife who in fact committed suicide by putting herself to fire and in that process he also sustained injuries. He further contended that the allegations of demand of dowry is false as on the earlier occasion she filed had filed an application under section 125 Cr. .P.C. in which she did not level any allegation of dowry at all. He further contended that in the Session's trial two witnesses of fact had already been examined and therefore there is no chance of tampering with evidence. He further contended that it was the applicant who got his wife hospitalized after her suicide attempt. He further argued that the applicant is in jail since more that a year and therefore he should be released on bail.

Learned AGA on the other hand contended that the deceased had two infant children and there was no reason for her to commit suicide. He also submitted that the deceased was assaulted also as is clear from the application filed by her under section 125 Cr.P.C. and the statements recorded under section161 Cr.P.C. by the I.O. in this case. He also contended that the marriage had taken place within seven years  and that the death is unnatural. He also contended that the deceased died because of burn injuries and the injury report of the applicant indicates that he had sustained a blunt object injury, which is inconsistent with his version of defence. He also contended that the trial may be expedited and the applicant does not deserve to be released on bail.

I have considered the submissions of the rival sides and gone through the record of this bail application. In my view it is not a fit case for bail. This second bail application of the applicant also stands rejected. How ever the trial court is directed to expedite the trial and conclude the same with in five months from the date of production of the certified copy of this order before it. Office of this court is directed to send a copy of this order to the trial court within three days.




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