Dinesh v. State of U.P.
Case brief
What is this about?
In a bail application under Sections 498A IPC and Dowry Prohibition Act, the High Court declined to grant bail at the current stage of trial but directed the trial Court to conclude the proceedings within six months.
What did the court decide?
Bail application not granted; direction issued to trial Court to conclude trial within six months.
What the court decided
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21418 of 2015
Applicant :- Dinesh Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Tiwari,Ashish Bajpayee,Rakesh Chandra Upadhyay Counsel for Opposite Party :- Govt. Advocate
Hon'ble Pradeep Kumar Singh Baghel,J.
By means of this application, the applicant who is involved in Case Crime No. 1387 of 2014, under Sections 498A, 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Mirzapur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the marriage of the applicant was solemnized with the sister of first informant on 10.05.2012 according to Hindu Rites and Rituals. The first information report was lodged on 20.11.2014 against the applicant and his family members. Absolutely vague allegations have been made against the applicant that he has killed his wife on account of non-fulfilment of demand of dowry. The applicant has been falsely implicated in the present case due to ulterior motive. He next submitted that the other co-accused, namely, Narain and Dhanpatti have already been enlarged on bail by another Bench of this Court vide order dated 6.4.2015. He lastly submitted that the applicant has no reported criminal antecedents and is languishing in jail since 22.11.2014 and his trial has not concluded till date and as such he is entitled to be enlarged on bail.
Learned A.G.A. opposed the prayer for bail and submitted that he has received an instructions that the deceased was being illtreated on account of non-fulfilment of demand of dowry and her death has taken place due to asphysia hence he does not deserve any indulgence. In case the applicant is released on bail, he will misuse the liberty of bail by tampering with the prosecution witnesses/evidence.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail during the trial.
Whether the trial Court should be directed to conclude the trial within a specific timeframe.
Parties & counsel
- applicant
Dinesh
Coram
Pradeep Kumar Singh Baghel
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/21418/2015
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