- (1.) Heard Mr. Kameshwar Singh, learned counsel for the applicant and learned AGA for the State.
(2.) This second bail application has been filed by applicant Nain Singh for seeking his enlargement on bail in Case Crime No. 302 of 2018 under Sections 498A , 304B IPC and Sections 3 / 4 Dowry Prohibition Act, P.S.-Thanabhavan, District-Shamli during the pendency of trial.
(3.) First bail application of the applicant was rejected by this Court by a detailed order dated 3.10.2018. For ready reference order dated 3.10.2018 is reproduced herein below:- "Heard Mr. Nipun Singh, learned counsel for the applicant, learned A.G.A. and Mr. P. S. Pundir for the first informant. This bail application has been filed by the applicant Nain Singh seeking enlargement on bail during the trial in Case Crime No. 302 of 2018 under Sections 498-A , 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Thanabhavan, District Shamli. Learned counsel for the applicant in support of his application for bail submits that the applicant is the father-in-law of the deceased Akashmala. The applicant and his family members have no role to play in the death of Akashmala. She had committed suicide in her parental home and not in her marital home. The applicant is innocent and has been falsely implicated. It is further submitted that the applicant is in jail since 08.08.2018 (more than one month) and has no criminal antecedents except the present one. Per contra, the learned A.G.A. opposed the prayer for bail. He submits that the marriage was solemnized between the son the applicant and the deceased Akashmala in the year 2016. The death of Akashmala had taken place within three years of her marriage. As per the post mortem report the cause of death is strangulation. The presumption under Section 304B is against the present applicant which he has failed to discharge. He, therefore, submits that the present bail application is liable to be rejected. Under the circumstances, I do not find any good reason to exercise my discretion in favour of the accused applicant. Thus, the bail application stands rejected. It is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within a period of one year, provided the applicant would render all necessary co-operation in early conclusion of the trial. Office is directed to communicate the copy of this order forthwith to concern court for necessary compliance." ;