High Court
Case Details
Neutral Citation No. - 2025:AHC:35056 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44518 of 2024 Applicant :- Atul Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.,Om Narayan Pandey Hon'ble Raj Beer Singh,J.
Legal Reasoning
1. Heard learned counsel for the applicant, Sri Om Narayan Pandey, learned counsel for the complainant and learned A.G.A. for the State. 2. The present second bail application has been filed on behalf of the applicant in Case Crime No. 270 of 2021, under Sections- 498A, 304B, 302 I.P.C., Police Station -Nigohi, District- Shahjahanpur with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court, vide order dated 16.02.2024 which is reproduced as below:- "1. Heard learned counsel for the applicant-accused, learned counsel for the first informant and learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant-accused involved in Case Crime No.270 of 2021, under Sections 498-A, 304-B, 302 IPC and 3/4 D.P. Act, P.S. Nigohi, District Shahjahanpur with the prayer to enlarge him on bail. 3. It has been argued by learned counsel for the applicant-accused that applicant-accused is innocent and he has not committed any offence. The applicant is husband of deceased and their marriage has taken place four years prior to the incident. The allegation that deceased was being harassed on account of dowry, is wholly false. Learned counsel submitted that incident took place on 12.06.2021, wherein deceased has suffered two firearm injuries. The fire-arm wound of entry has been shown at frontal region of head and one wound of exit has been shown through and through and the nature and location of injury clearly show that deceased has committed suicide by firing bullet at herself. In the first information report only general allegations have been levelled against the applicant and co-accused persons that they have committed murder of deceased by firing bullet. The deceased has sustained single bullet injury. No specific role has been assigned to the applicant. It is further submitted that at the time of alleged incident, the applicant was not present at the spot and he came at the spot after coming to know about the incident. It was submitted that it is not a case of homicidal death but of suicide. It was further submitted that applicant-accused is languishing in jail since 16.06.2021, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and cooperate in the trial. 4. Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is husband of deceased. There is allegation that deceased was being harassed on account of dowry. The deceased has suffered death due to fire-arm injuries at her matrimonial home. The country made pistol used in the alleged incident has been recovered at the instance of applicant- accused. It was submitted that explanation offered by the applicant regarding said injuries, is wholly improbable. 5. Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant-accused is not entitled to be enlarged on bail. Hence, the bail application of applicant-accused is hereby rejected. 6. 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 preferably within a period of nine months from the date of receipt of the copy of this order, if there is no legal impediment." 3. It is submitted by learned counsel for the applicant that applicant is husband of deceased and he has not committed any offence. Learned counsel has referred the statement of concerned doctor (PW5) and statement of PW6 Bhanu Pratap Singh, who has conducted the inquest proceedings, and submitted all attending facts show that deceased has committed suicide by firing shot at herself. There is no evidence that applicant has caused fire arm injury to the deceased. After the incident, applicant and his family members were shown present at the spot. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 16.02.2024 and trial Court was directed to expedite the trial and to decide the same preferably within a period of nine months but trial has not been concluded so far. Lastly, it was stated that applicant is in jail since 16.06.2021, having no criminal history, and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 4. learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and submitted that applicant is husband of deceased. She has suffered death due to fire arm injury at her matrimonial home. No plausible explanation has been offered to show as to how the deceased had sustained firearm injury at her matrimonial home. It was further submitted that order of first bail application was never produced before the trial Court. 5. I have considered the rival submissions made by learned counsel for the parties and perused the record. 6. In the instant matter, applicant is husband of deceased. The deceased has suffered fire arm injury at her matrimonial home. It was shown that bullet was fired upon the deceased from the pistol, which was shown to be recovered from the applicant/accused. The trial of the case is at the advanced stage. Considering the nature of accusations, gravity of the offence and all attending facts of the matter, no case for grant of bail is made out. 7. Accordingly, the second bail application filed on behalf of applicant is hereby rejected. 8. Trial Court is again directed to expedite the trial and to decide the same as early as possible. 9. A copy of this order be transmitted to the concerned trial court for necessary compliance. Order Date :- 10.3.2025/AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad