Bhupendra Singh vs State of U.P.

Alok K. Singh, J.

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

The applicant is involved in Case Crime No.146 of 2007, under Sections 498A, 304B I.P.C. & Section 3/4 D.P. Act, Police Station Alambagh, District Lucknow.

There is an allegation of demand of dowry and consequential harassment on account of its nonfulfillment. The death has been caused within seven years of the marriage and it is an unnatural death. In the post mortem report even ante mortem injuries have been found. The applicant happens to be a husband who ows more responsibility towards safety and welfare of his life partner.

The bail is vehemently opposed by the learned A.G.A.

The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

In view of the aforesaid facts and circumstances, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail. Hence it is rejected at this stage.

As the crime number is of the year 2007 learned court below is directed to conclude the trial expeditiously preferably within six months from the date a certified copy of the order is produced before it.

At the same time, it is expected from both the sides that they shall extend every cooperation with the trial and shall not seek any unnecessary adjournment to delay the trial.