Criminal Misc. Bail Application by an accused in a dowry death FIR alleging grievous hurt, culpable homicide, and 498A IPC. The High Court rejected the bail application without expressing opinion on merits deeming it not a fit case.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12740 of 2018
Applicant :- Dharmsheela Opposite Party :- State Of U.P. Counsel for Applicant :- Dharm Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri Dharm Jeet Singh, learned counsel for the applicant learned A.G.A. for the State and perused the record.
According to prosecution case, an F.I.R. was lodged against two accused persons, namely, Sanjay Kumar Gupta and Dharmsheela alleging that on 10.12.2017 for demand of dowry they set a fire on Madhu. F.I.R. was lodged under Section 326, 498A and 304 I.P.C. and Section 3/4 of D.P. Act, which was registered as Case Crime No. 2322 of 2017, Police Station Kotwali, District Ballia. Subsequently, she died on 27.12.2017.
Learned counsel for the applicant submitted that applicant is languishing in jail since 11.12.2017; having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. submitted that the statement of the deceased was recorded at the time of dying declaration by Chandra Bhushan Prasad, Tehsildar, Ballia on 10.12.2017 and she stated that applicant has set a fire at her by using match stick, resultantly died.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected.
It is expected from the trial court to decide the case of the applicant as far as possible within a period of one year according to Section 309 Cr.P.C.
Order Date :- 28.11.2018 OP
2 issues framed by the court
Whether bail should be granted to the applicant accused in a dowry death case involving grievous hurt and culpable homicide.
Whether the applicant is a fit case for bail considering the gravity of the offence and nature of allegations.
1 provisions across 1 enactments
Dharmsheela
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
