Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33199 of 2008 Petitioner :- Kallu Respondent :- State Of U.P. Petitioner Counsel :- Bashir Ahmad Khan Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
The applicant-Kallu seeks bail in Case Crime No.145 of 2008, under
Sections 498-A,304-B IPC & 3/4 Dowry Prohibition Act, Police Station
Gadhia Rangeen, District Shahjahanpur.
Heard learned counsel for the applicant and learned A.G.A. and
perused the material placed on record.
It is submitted by learned counsel for the applicant that the applicant is
in jail since 1.6.2008 and the trial has not concluded. Although it has
already commenced and substantially proceeded and a number of
witnesses have also been examined.
On the other hand, learned A.G.A. for the State has opposed this bail
application and has contended that the applicant is a husband of the
deceased. He further contended that it would not be proper at this
stage to release the applicant on bail and, moreover, the prosecution
is apprehensive of the fact that in case she is allowed to be released
on bail, there is every likelihood of her fleeing away from the judicial
process.
Having heard the learned counsel for the parties and perused the
material placed on the record, I do not find any good ground to release
the applicant on bail. The prayer for bail is declined and the application
is accordingly rejected without expressing any opinion on the merit of
the case.
However, taking into account that the applicant is in jail since 1.6.2008
the trial court is directed to make every endeavour to conclude the trial
as expeditiously as possible in consonance with the provisions of
Section 309 Cr.P.C. Both the parties are expected to cooperate in the
trial and shall not seek unnecessary adjournment.
The office is directed to send the copy of this order to the District and
Sessions Judge/trial court for intimation and necessary compliance.
Order Date :- 18.1.2010
Mt/