Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34404 of 2009 Petitioner :- Dharmendra Chauhan Respondent :- State Of U.P. Petitioner Counsel :- R.S.Shukla Respondent Counsel :- Govt Advocate Hon'ble Amar Saran,J.
Heard learned counsel for the applicant and the learned A.G.A. for
the State.
This is the second bail application.
Learned counsel for the applicant has filed a supplementary
affidavit mentioning that the witnesses have turned hostile.
Learned A.G.A. argued that in this case the applicant is said to
have strangulated his two year old child in his house and was
trying to throttle his wife when the witnesses arrived at the spot,
caught him and that under section 106 of the Evidence Act, the
onus lies on the applicant to explain how his child has died. I find
no ground to grant bail at this stage. The second bail application is
rejected.
However, the trial is expedited.
Trial Court is directed to conclude the trial preferably within three
months of the filing of the certified copy of this order before it,
provided the applicant co-operates with the trial.
Order Date :- 12.1.2010
HSM