1. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
2. This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 166 of 2023, registered under Sections 498A, 304B IPC & Section 3/4 of Dowry Prohibition Act, Police Station- Face Second, DistrictGautam Budh Nagar, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is husband of the deceased. He next submitted that deceased had herself committed suicide. Allegation of demand of dowry is false and baseless. The applicant is languishing in jail since 09.04.2023 having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. Per contra, learned A.G.A. vehemently opposed the bail prayer of the applicant and submitted that deceased was married with applicant two years before of the alleged incident and she had died in applicant's house in unnatural circumstances within seven years of her marriage. He next submitted that burden to prove his innocence lies upon the informant. As such, applicant should not be released on bail.
5. Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and looking to seriousness and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant.
6. Accordingly, the bail application of the applicant- Jahangir Alam, involved in the aforesaid case crime, is hereby rejected at this stage.
7. However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of two years from the date of production of a certified copy of this order, if there is no other legal impediment.
