The High Court rejected a bail application filed by an accused charged under dowry death and cruelty sections. The court found no good grounds for release, citing the nature of the offense and rejection of facts shown in the lower court as a reason against granting bail.
Application rejected; no bail granted. Trial to be concluded within six months.
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Court No. - 23 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10840 of 2019 Applicant :- Ajeet Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Praksah Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Vijay Prakash, learned Counsel for the applicant and learned AGA for the State.
This bail application has been filed by the accused-applicant Ajeet Singh, who is involved in Case Crime No.202 of 2017, under Sections 323, 304(B), 498-A IPC and 3/4 of D.P. Act, Police Station Bhojpur District Ghaziabad.
Learned Counsel for the applicant submits that accusedapplicant is husband of deceased, therefore, he has falsely been implicated in the present case. It is further contended that entire witnesses of fact before the Court below have already turned hostile. Applicant is languishing in Jail since 15.6.2017. It is next submitted that if the applicant is granted bail, he will not misuse the liberty of bail.
Per Contra, learned A.G.A. has opposed the prayer for bail and submitted that death of victim has been done within four months of her marriage. She has been ill treated and demanded dowry. Death was due to smothering and other injuries on the body of deceased as per post mortem report. It is further contended by learned A.G.A. that statement, during trial, recorded before the Court below cannot be considered at the time of bail application.
In State Vs. Captain Jagjit Singh, 1962 AIR 253 , Supreme Court has observed as under :-
"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."
Considering the facts and circumstances of the case and rival contentions of learned counsel, without commenting upon merits of the case, I do not find any good ground to release the
accused-applicant on bail.
Accordingly, the bail application is rejected.
However, it is directed that trial Court shall make all endeavour to decide the case expeditiously and preferably within a period of six months without granting unnecessary adjournment to any of the parties.
Order Date :- 13.3.2019 Akram
2 issues framed by the court
Whether the applicant, accused in a dowry death case, is entitled to bail.
Whether the hostility of witnesses entitles the applicant to bail.
Colour shows how this judgement treated each authority
State Vs. Captain Jagjit SinghApplied¶7
State Vs. Captain Jagjit Singh, 1962 AIR 253 · Who else cites this
1 provisions across 1 enactments
Ajeet Singh
State Of U.P.
Rajendra Kumar
As recorded by the court registry
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