MUKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri C.P. Singh, learned counsel for applicant- Mukesh Kumar, Sri Ashutosh Tripathi, learned counsel for the informant and the learned A.G.A in connection with Case Crime No.104/2012, under Sections 498-A/304-B IPC and 3/4 D.P. Act, P.S. Shankargarh, Allahabad.

(2.) This is the 2nd bail application on behalf of the applicant as the 1st was rejected on 23.7.2013.

(3.) The applicant is the husband. It is submitted by learned counsel for the applicant that death is on account of asphyxia, which is not attributable to the applicant. In this connection, he refers to the nature and pattern of antemortem injuries wherein only ligature mark is seen. The submission further is that the prosecution witnesses of facts have been examined, but a formal witness, i.e., A.S.P., Akhileshwar Pandey Rai, is not turning, despite a non-bailable warrant under Section 350 Cr.P.C issued against him for 12.4.2016. He thus submits that considering the present scenario, there is no likelihood of the trial being concluded in the near future, even though the applicant has remained in jail since 29.6.2012, he be released on bail.