High Court

"1. Supplementary affidavit filed by learned counsel for the applicant-accused today, is taken on record.

2. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record.

3. The present second bail application has been filed by the applicant-accused in case crime No. 517/2022, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Pilkhwa, District Hapur with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant-accused was rejected by this Court vide order dated 17.03.2023, passed in Criminal Misc. Bail Application No.9029 of 2023.

4. It has been argued by learned counsel for the applicant that the accused-applicant is husband of deceased and he has not committed any offence. The marriage of deceased with applicant has taken place about five years prior to the incident. It was submitted that earlier the deceased has given birth to a boy, who has later on died, and that deceased was under mental pressure due to that reason and she has committed suicide under depression by coming in front of the train on railway track.

5. It has been further submitted that the first bail application of applicant-accused was rejected by this Court vide order dated 17.3.2023 and after that statements of two witnesses have already been recorded before the trial court. Learned counsel has pointed out that the statement of P.W.1 recorded before the trial court, wherein, he has inter-alia stated that if there had been a compromise with the co-accused persons, he would not have lodged first information report. It is further submitted that applicant is in jail since 22.09.2022 but formal witnesses are yet to be examined and thus, the trial is likely to take sufficiently long time in conclusion. It was further submitted that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

6. Learned A.G.A. has opposed the prayer for bail and argued that deceased was being harassed on account of dowry demand of Rs. 5 lakhs and that deceased has sustained injuries and that she has died at railway track. It was stated that applicant was living with some other lady. It was stated that independent witnesses namely, Jasveer and Vasudev Sharma have also made statements that applicant used to harass the deceased and he used to pressurize her to bring the money and other articles from her parental home.

7. Considering the submissions of learned counsel for the parties, complicity of the applicant and all attending facts of the matter, no case for bail is made out. Hence, second bail application is hereby rejected.

8. However, keeping in view of the period of incarceration of applicant-accused, the Trial Court is directed to expedite the trial and to decide the same as early as possible, preferably within a period of ten months from the date of receipt of the copy of this order, if there is no legal impediment. If trial is not concluded within said period, the applicant would be at liberty to file repeat bail application in accordance with law."

4. It is submitted by learned counsel for the applicant that applicant is innocent and he has not committed any offence as alleged against him. The marriage of the deceased with the applicant has taken place about five years prior to the incident and out of that marriage, they have one child. The second bail application of application was rejected by this Court vide order dated 22.03.2024 and after that statement of all the material witnesses have been recorded before the Trial Court and thus, there is no possibility of tampering with the evidence. Learned counsel pointed out the statement of one Jitendra Kumar Singh, who is employee of Railway Department, wherein he has stated that the deceased has committed suicide by coming in front of train on Railway Track and at that time she was alone. It was stated that the applicant in jail since 22.09.2022 and thus, he has already undergone detention of more than two and a half years and there are number of formal witnesses, who are yet to be examined, and thus, trial of the case is likely to take sufficient long period. It is further submitted that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate with the trial.

5. Learned A.G.A. has opposed the prayer for bail and submitted that the first and second bail applications of applicant have already been rejected on merits. It was stated that the applicant is husband of deceased.

6. Considering the submissions of learned counsel for the parties, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the third bail application is hereby allowed.

7. Let the applicant-accused - Nitin involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 5.4.2025 Rama Kant

"1. Supplementary affidavit filed by learned counsel for the applicant-accused today, is taken on record.

2. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record.

3. The present second bail application has been filed by the applicant-accused in case crime No. 517/2022, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Pilkhwa, District Hapur with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant-accused was rejected by this Court vide order dated 17.03.2023, passed in Criminal Misc. Bail Application No.9029 of 2023.

4. It has been argued by learned counsel for the applicant that the accused-applicant is husband of deceased and he has not committed any offence. The marriage of deceased with applicant has taken place about five years prior to the incident. It was submitted that earlier the deceased has given birth to a boy, who has later on died, and that deceased was under mental pressure due to that reason and she has committed suicide under depression by coming in front of the train on railway track.

5. It has been further submitted that the first bail application of applicant-accused was rejected by this Court vide order dated 17.3.2023 and after that statements of two witnesses have already been recorded before the trial court. Learned counsel has pointed out that the statement of P.W.1 recorded before the trial court, wherein, he has inter-alia stated that if there had been a compromise with the co-accused persons, he would not have lodged first information report. It is further submitted that applicant is in jail since 22.09.2022 but formal witnesses are yet to be examined and thus, the trial is likely to take sufficiently long time in conclusion. It was further submitted that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

6. Learned A.G.A. has opposed the prayer for bail and argued that deceased was being harassed on account of dowry demand of Rs. 5 lakhs and that deceased has sustained injuries and that she has died at railway track. It was stated that applicant was living with some other lady. It was stated that independent witnesses namely, Jasveer and Vasudev Sharma have also made statements that applicant used to harass the deceased and he used to pressurize her to bring the money and other articles from her parental home.

7. Considering the submissions of learned counsel for the parties, complicity of the applicant and all attending facts of the matter, no case for bail is made out. Hence, second bail application is hereby rejected.

8. However, keeping in view of the period of incarceration of applicant-accused, the Trial Court is directed to expedite the trial and to decide the same as early as possible, preferably within a period of ten months from the date of receipt of the copy of this order, if there is no legal impediment. If trial is not concluded within said period, the applicant would be at liberty to file repeat bail application in accordance with law."

4. It is submitted by learned counsel for the applicant that applicant is innocent and he has not committed any offence as alleged against him. The marriage of the deceased with the applicant has taken place about five years prior to the incident and out of that marriage, they have one child. The second bail application of application was rejected by this Court vide order dated 22.03.2024 and after that statement of all the material witnesses have been recorded before the Trial Court and thus, there is no possibility of tampering with the evidence. Learned counsel pointed out the statement of one Jitendra Kumar Singh, who is employee of Railway Department, wherein he has stated that the deceased has committed suicide by coming in front of train on Railway Track and at that time she was alone. It was stated that the applicant in jail since 22.09.2022 and thus, he has already undergone detention of more than two and a half years and there are number of formal witnesses, who are yet to be examined, and thus, trial of the case is likely to take sufficient long period. It is further submitted that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate with the trial.

5. Learned A.G.A. has opposed the prayer for bail and submitted that the first and second bail applications of applicant have already been rejected on merits. It was stated that the applicant is husband of deceased.

6. Considering the submissions of learned counsel for the parties, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the third bail application is hereby allowed.

7. Let the applicant-accused - Nitin involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 5.4.2025 Rama Kant