In this criminal miscellaneous bail application, the High Court rejected the second bail plea of the accused husband in a dowry death case. The Court held that the trial was already underway with prosecution witnesses examined, and no fresh grounds for bail were made out.
Bail application dismissed. No fresh grounds for bail made out.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35320 of 2017
Applicant :- Dinesh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Sawhney,Chakranshu Chaurasiya Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This second bail application has been filed seeking the release of the applicant on bail in Case Crime No. 349 of 2015, under Sections 498A, 304-B, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Farah, District Mathura.
Heard learned counsel for the applicant and learned A.G.A.
Perused the record.
The first bail application was rejected by this Court on 12.4.2017 primarily on the ground that the trial is already afoot. Learned counsel for the applicant has been fair enough to admit that a number of prosecution witnesses have also been examined. In such circumstances, the reason for rejection of the bail remains the same. Even on merits, this Court does not see any prima facie case in favour of the applicant, who is the husband of the deceased in the dowry death case. There is sufficient evidence available on record against the applicant. This Court, therefore, abstains to pass any detailed order on the point of bail on merits at this stage of the trial, lest it may cause prejudice to either side. No fresh good ground is made out in favour of the applicant to enlarge him on bail.
In the aforesaid background, the second bail application stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 10.5.2018 CPP/-
1 issue framed by the court
Whether fresh grounds exist for granting bail in a dowry death case where the trial is already afoot and prosecution witnesses have been examined.
Dinesh
Karuna Nand Bajpayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
