Hon'ble Rajendra Kumar, J. disposed of a criminal bail application by Lalit, accused in a case under Section 306 IPC regarding suicide. The single judge rejected the bail plea, citing the nature of the offence and conduct towards deceased persons, and directed expedited trial.
Bail application rejected.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10815 of 2019
Applicant :- Lalit Opposite Party :- State Of U.P. Counsel for Applicant :- Bal Krishna Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Indrapuram, District Ghaziabad in which only unnamed person was arrayed as accused. In inquest report death of deceased persons were characterized as suicidal in the opinion of witnesses. Police upon competion of investigation of aforesaid case crime submitted charge sheet against the applicant under Section 306 IPC. Admittedly accused-applicant is husband of deceased Rajni and father of deceased Mayank. As per FIR accused denied them to give shelter on account of previous litigation. Role of co-accused Mahipal is totally distinguishable from that of present applicant. As Mahipal is father-in-law of Rajni, therefore, release of co-accused does not help the present applicant.
"Among other considerations, which a court has to take into account in deciding whether bail should be granted in a nonbailable offence, is the nature of the offence; and if the offence is of a kind in which bail should not be granted considering its seriousness, the court should refuse bail even though it has very wide powers under Section 438 of the Code of Criminal Procedure."
Order Date :- 13.3.2019 I.A.Siddiqui/Manoj
3 issues framed by the court
Whether grant of bail should be allowed to the applicant accused in the death insurance case under Section 306 IPC.
Whether the applicant has sufficient grounds to claim bail considering the severity of the offence and circumstances of the case.
Whether the Delhi High Court should direct the trial court to decide the case within one year.
Colour shows how this judgement treated each authority
State Vs. Captain Jagjit SinghReferred¶11
State Vs. Captain Jagjit Singh, 1962 AIR 253 · Who else cites this
2 provisions across 2 enactments
Lalit
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
