MUMBAI:
Bombay high court
recently refused to release on
bail
a man booked for his
sister
’s death on New Year’s eve at the Kalyan railway yard in an alleged case of '
honour killing
'.
Justice Anuja Prabhudessai, however, directed the additional sessions judge, Kalyan, to conclude the trial “as expeditiously as possible and in any event within a period of one from the date of this order.” “In the event the trial is not concluded within a period of one year, the applicant shall be at liberty to file a fresh application for bail,” she said in the February 2 order.
According to the Jan 11 FIR lodged by
Railway Protection Force
, on Jan 2, 2019 a body was found hanging on a tree at the yard. Later the identity of the deceased was established as a resident of Uttar Pradesh (UP). Her body was handed to her Mumbai based brother for final rites. Enquiries revealed that she was allegedly having an extra-marital relationship which was considered to be a dishonour to the family. Hence a conspiracy was hatched to eliminate her. The CCTV footage showed that on December 31, 2018 the applicant, his other brother and sister got down from Kamayani Express on platform 5.
Thereafter the brother and sister were seen walking towards platforms 2 and 3 but the subsequent video showed only the applicant and other persons returning without the sister. Since the sister was last seen in the applicant’s company proceeding towards the place of incident, he was arrested. After he made a disclosure statement in custody, his sister’s clothes were recovered.
The applicant’s first bail plea was dismissed in 2021. He had filed a second bail plea mainly on the ground of delay in trial. His advocate Husen Shaikh submitted that he has been in custody since the last five years and that till date charge is not framed. On Jan 30 Justice Prabhudessai sought explanation from the additional sessions judge for delay in trial. The judge tendered his apology. He informed that charge is framed and assured that he will endeavour to complete the trial as expeditiously as possible.
Justice Prabhudessai noted that the applicant is in custody for an offence of murder which is serious in nature. While rejecting his previous bail application, the HC in 2021 had observed that he is a resident of Uttar Pradesh and has no roots in the city. If released on bail, there is every possibility of him absconding and not being available for trial. “In view of the above facts and circumstances, I am not inclined to entertain this application at this stage. Hence, the application is dismissed,’’ she added.
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