Anil v. State of U.P.
Case brief
What is this about?
In this second bail application regarding an incest/sister-father death case, the Court rejected the application noting no new grounds. The Court directed the lower trial court to conclude the trial expeditiously under Cr.P.C. 309.
What did the court decide?
Direction to the lower court to conclude the trial expeditiously in accordance with Section 309 Cr.P.C.
What the court decided
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14362 of 2018
Applicant :- Anil Opposite Party :- State Of U.P. Counsel for Applicant :- Akhilesh Kumar Dwivedi,Anuj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No.53 of 2015 u/s 498A, 304B IPC and 3/4 DP Act PS Binauli district Baghpat. The first bail application was rejected by this Court vide order dated 19.4.2017.
Perusal of the record shows that no subsequent development or any new ground has been brought on record. Even otherwise, there is dying declaration of the deceased on record and the husband (present applicant) has been assigned specific role. It is further to be appreciated that apart from the present applicant there are two other brothers and six sisters living with the parents of the applicant. Thus, it cannot be said that there is no other member in the family of the applicant except the applicant to look after his parents.
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.
Issues for consideration
2 issues framed by the court
Whether bail should be granted in a second bail application under sections 498A, 304B IPC without showing subsequent development.
Whether the trial of the underlying case should be concluded expeditiously.
Parties & counsel
- applicant
Anil
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/14362/2018
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