Dismissed

Avilakh Singh v. State of U.P.

Allahabad HC3 Dec 2019BAIL/3591/2019

Case brief

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What is this about?

The High Court rejected the bail application of Avilakh Singh accused under dowry harassment and dowry-related murder charges, finding no case for bail due to the seriousness of allegations despite witness hostility claims, while directing the trial court to expedite proceedings.

What did the court decide?

Bail application rejected; trial court directed to expedite trial within nine months.

Avilakh Singh Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3591 of 2019

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Applicant :- Avilakh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Pandey,Rohit Nandan Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary and counter affidavits filed in Court today, are taken on record.

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Heard leaned counsel for the applicant, learned A.G.A. for the State-respondent and perused the material brought on record.

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The present bail application has been filed by the applicant in case crime No. 50/2017, under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act, police station Marehra, District Etah with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant has been falsely implicated in this case and he has never demanded any dowry nor harassed the deceased. It was further submitted that during trial, five witnesses have already been examined by the trial court and that all the witnesses of fact have not supported prosecution version and turned hostile. Learned counsel further argued that in view of statements of witnesses, examined during trial, no case is made out against the applicant. It was further argued that the applicant is in judicial custody since 12.02.2017 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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On the other hand, learned A.G.A. has opposed the prayer for bail and argued that deceased has suffered unnatural death at her matrimonial home within two years of her marriage and that in postmortem report of deceased, several injuries have been shown on person of deceased. It was submitted that hostility of witness cannot be a ground to enlarge the applicant on bail at this stage.

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After considering submissions of learned counsel for the applicant, looking into the seriousness of the allegations, gravity of the offence, severity of the punishment, stage of trial and all attending facts and circumstances of the case, no case for grant of bail is made out.

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Accordingly, the instant bail application filed on behalf of accused-applicant Avilakh Singh is rejected.

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However, keeping in view the period of detention of the applicant, learned Trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of nine months from the date of production of certified copy of this order.

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A copy of this order be forwarded to the concerned court below for necessary compliance.

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Order Date :- 3.12.2019

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Anand

Avilakh Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Avilakh Singh v. State of U.P.

Case brief

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