In this second bail application, the applicant sought enlargement based on the cause of death finding. The court rejected the bail plea as no case for indulgence was made out but directed expedited trial under Section 309 Cr.P.C. citing Supreme Court precedents.
Bail application rejected; directed trial concluded early under Section 309 Cr.P.C.
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Court No. - 51
Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 5667 of 2019 Applicant :- Smt. Suneeta @ Barfi Opposite Party :- State Of U.P. Counsel for Applicant :- Deshraj Garg Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Deshraj Garg, learned counsel for the applicant and Ms Sanyukta Singh, learned AGA appearing for the State.
This is a second bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.524 of 2016 (S.T. No.455/2017), under Sections 498-A, 304-B, 506, IPC and 3/4 D. P. Act, Police Station Gulariha, District Gorakhpur.
This is the second bail application moved on behalf of the applicant. The first bail application was rejected on 07.03.2017.
The counsel for the applicant contended that the cause of death, as per the ante mortem injury there is hyoid bone fracture found. The applicant is languishing in jail since 14.10.2016.
In view of the above, no case for grant of any indulgence is made out. Accordingly, the bail application is hereby rejected.
However, looking to the fact that the applicant is in jail since 14.10.2016, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded as early as possible from the date of production of certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment. Order Date :- 3.5.2019 VKG
2 issues framed by the court
Whether bail should be granted to the applicant in the second bail application.
Whether the trial of the pending case should be concluded expeditiously.
Colour shows how this judgement treated each authority
Vinod Kumar v. State of PunjabReferred¶8
Vinod Kumar v. State of Punjab, 2015 (3) SCC 220 · Who else cites this
Hussain and Another v. Union of IndiaReferred¶8
Hussain and Another v. Union of India; 2017 (5) SCC 702 · Who else cites this
1 provisions across 1 enactments
Smt. Suneeta @ Barfi
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
