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Allahabad High Court · body

2021 DIGILAW 720 (ALL)

Naveen v. State of U. P.

2021-07-26

AJIT SINGH

body2021
JUDGMENT : 1. Heard learned counsel for the applicant and the learned A.G.A. 2. This is a bail application on behalf of the applicant Rashid in connection with Case Crime No.1234 of 2019, under Section 498-A and 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Dadri, District Gautam Budh Nagar. 3. F.I.R. of the incident was lodged by the complainant about the death of his daughter Karishma who was married with present applicant Naveen on 07.05.2017. It was alleged in the F.I.R. that his daughter was killed by the present applicant and his family members for additional demand of dowry on 01.11.2019. 4. Learned counsel for the applicant submitted that present applicant happens to be the husband of the deceased. He has not committed any offence as alleged in the F.I.R. He is quite innocent and has been falsely implicated in the present case. He further submitted that independent witnesses namely Hardesh Rawal, Ajay, Arun Kumar Rawal and Manoj have stated in their statements that the deceased has committed suicide herself and she was hospitalized by the applicant and his family members. 5. Per contra learned A.G.A. vehemently opposed the prayer for bail of the applicant and submitted that deceased was killed by the applicant and his family members and cause of death is Asphyxia as a result of AMI. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage. Accordingly, the bail application stands rejected. 7. However, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law on day to day basis in consonance with the provisions of Section 309 Cr.P.C. without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of one year.