Ashwani Pandey @ Anoop v. State of U.P.
Case brief
What is this about?
The court rejected a second bail application by a husband accused of dowry death. Finding no fresh grounds for bail, it directed the trial court to expedite the proceedings within six months and frame an alternative charge of murder under Section 302 IPC.
What did the court decide?
Bail rejected; trial court directed to expedite trial within six months and frame alternative charge under Section 302 IPC.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49177 of 2019
Applicant :- Ashwani Pandey @ Anoop Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Singh,Ashish Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on the record.
Applicant- Ashwani Pandey @ Anoop seeks bail in Session Trial No. 170 of 2018, arising out of Case Crime No. 784 of 2017 (State vs. Ashwani Pandey @ Anoop), under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station- Badagaon, District- Varanasi.
This is the second bail application on behalf of the applicant. The first bail was rejected by this Court vide order dated 9.5.2018 considering the fact that the applicant is the husband of the deceased who died within eight months of marriage at her matrimonial home on account of throttling of her neck and several antemortem injuries have also been found on her person.
Learned counsel for the applicant has argued that P.W.-1, father and P.W.-2 bother of the deceased have been examined during trial and they have categorically stated that no demand of dowry was ever made by the applicant or any of his family members, therefore, prima facie, no offence under Section 304-B I.P.C. will be made out. Thus, the applicant, who is languishing in jail since 24.12.2017, may be enlarged on bail during trial.
Issues for consideration
2 issues framed by the court
Whether fresh grounds exist to enlarge the applicant on bail in a second bail application for offences under Section 304-B IPC.
Whether the trial court should expedite the trial and frame alternative charges under Section 302 IPC.
Parties & counsel
- applicant
Ashwani Pandey @ Anoop
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/49177/2019
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