Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26477 of 2009 Petitioner :- Dhiraj Kumar Gupta Respondent :- State Of U.P. Petitioner Counsel :- Anil Raghav,S.P. Singh Raghav,S.P.S.Vishen Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A.
appearing for the State.
Learned counsel for the applicant contended that except
presumption under section 106 of the Evidence Act, there is
nothing against the applicant to connect him with the murder of the
deceased. Deceased had died after ten years of marriage. There is
no allegation against the applicant. it is further contended that
applicant is in jail since 7.1.2009. There was no dowry demand.
Learned A.G.A. contended that applicant is husband of the
deceased and died in the house of the applicant and there is
evidence against the applicant to connect him with murder of the
deceased.
There is allegation against the applicant that he was demanding
dowry and deceased was subjected to cruel treatment and
harassment.
Considering the facts and circumstances of the case the applicant
is not entitled to bail. The bail application is rejected with the
direction to the trial court to decide the case crime no. 6 of 2009
under section 302 I.P.C. P.S. Kotwali Gorakhpur District
Gorakhpur within four months, if possible, from the date a
certified copy of this order is filed before the court concerned
provided that applicant will co-operate with the trial and shall not
take unnecessary adjournment.
Order Date :- 15.7.2010
Aks