Dismissed

Amit Singh @ Gore Lal v. State of U.P.

Allahabad HC14 Dec 2018BAIL/21474/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the single judge rejected the applicant's request for bail in cases involving murder, cruelty, and the Dowry Prohibition Act, noting the gravity of the allegations. The court directed the lower court to conclude the trial expeditiously under Section 309 Cr.P.C., citing recent Supreme Court precedents.

What did the court decide?

Bail application rejected; trial directed to be concluded expeditiously; coercive measures for witness attendance directed.

Amit Singh @ Gore Lal Vs State of U.P. — Domestic Violence | Allahabad HC (2018)

¶1

Court No. - 51

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21474 of 2018

¶3

Applicant :- Amit Singh @ Gore Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Sharma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vipin Sinha,J.

¶5

Heard learned counsel for the applicant and learned A. G. A. for the State.

¶6

Applicant has moved the present second bail application seeking bail in Case Crime No.693 of 2013 u/s 302/34, 498A, 304B, 201 IPC and 3/4 DP Act PS Ghatampur Distr4ict Kanpur Nagar. The first bail application was rejected by this Court vide order dated 3.2.2016.

¶7

Perusal of the record shows that applicant is the husband. The death is within ten months of marriage and it is apparent that at the time of death the wife was carrying pregnancy of nine months and as per the viscera report insecticide was found.

¶8

The second bail application has been pressed solely on the ground of detention that he is in jail since 21.12.2013. The fact remains that the applicant is the husband, however no subsequent development or any new ground has been brought on record apart from the ground of detention.

¶9

Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.

¶10

Accordingly, the application for bail is rejected at this stage.

¶11

However, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.

¶12

It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.

¶13

Order Date :- 14.12.2018 SP

Amit Singh @ Gore Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amit Singh @ Gore Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajendra @ Bhoora Vs State of U.P.

Vinod Vs State of U.P.

Ramsingare Vs State of U.P.

Narendra @ Guddu Vs State of U.P.

Sumodh Alias Neelu Nagaich Vs State of U.P.

Akhilesh Kumar Vs State of U.P.