SHAMSHAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Kameshwar Singh, advocate appearing for the applicant, Sri Sushil Kumar Pandey, counsel for the complainant and A.G.A. for the State.

(2.) THE applicant Shamshad is the husband of deceased Smt. Aisha Praveen who died within a period of seven years of her marriage due to asphyxia as a result of strangulation. Her father Haji Ayub lodged an F.I.R. On 9.9.2007 at P.S. Purqazi, district Muzaffarnagar where a case under Section 304B, I.P.C. and 3/4, D.P. Act, was registered at Case Crime No. 505 of 2007, against Shamshad (applicant herein) Akbar, Jareefan, Munna, Naseema, Munni and Gulfam. THE allegation made in the F.I.R., in brief, are that the accused persons were causing harassment of the deceased making demand of Rs. 50,000 and Hero Honda Motor Cycle in dowry and when their demand was not fulfilled, they committed her murder.

(3.) IT is also submitted by learned counsel that the applicant is languishing in jail since 13.2.2008 and hence on the basis of long detention period in jail, he is entitled to be released on bail, because due to delay in trial his Fundamental Right of speedy trial envisaged under Article 21 of the Constitution is being violated.