Vivek Shivashray Yadav v. The State Of Maharashtra

1/2 Yadav 17.ba.214.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 214 OF 2019 Vivek Shivashray Yadav ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Viral K. Rathod for Applicant.

Ms. S. S. Kaushik, APP for Respondent - State. CORAM :

NITIN W. SAMBRE, J.

DATE :

FEBRUARY 4, 2019.

P.C. :

.

The Applicant is seeking regular bail in Crime No. I-105 of 2015 for an offence punishable under Sections 302, 498-A and 406 of the Indian Penal Code.

2.

There are no change in circumstances. The learned Counsel for Applicant fairly concedes that on earlier two occasions the bail application of the Applicant came to be rejected. 3.

The Applicant is arrested on 9th August 2015 with an allegation of murder of his wife. The incident took place within three months from the date of marriage.

2/2 Yadav 17.ba.214.19 4.

The learned Counsel submits that apart from the fact that Applicant is behind the bars for more than three years, though the trial is expedited, except framing of charge there is no progress in the trial. Having regard to the provisions of Section 113(a) and (b) of the Evidence Act and the death of the victim within three months from the date of marriage, I hardly noticed any merit which warrants indulgence from this Court so as to order release of the Applicant. 5.

Apart from the aforesaid, there are no change in circumstances which warrants release of the Applicant on bail. As such, Criminal Bail Application stands rejected.

6.

The order of this Court expediting the trial be taken to its logical end.

7.

Liberty to the Applicant to bring the said order to the notice of the Presiding Officer of the concerned court. (NITIN W. SAMBRE, J.)