High Court rejected bail application in a 498A/304-B IPC case against the husband of the deceased, despite hostile witnesses and co-accused on bail. Ordered expedited trial by August 2021.
Bail prayer declined; trial directed to be concluded preferably by 30th August 2021.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16934 of 2020
Applicant :- Akshay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Srinette,Anjani Kumar Sinha,K.K.Rao,Maruti Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri K.K.Rao, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Akshay Kumar seeks bail in S.T. No. 350 of 2018, arising out of Case Crime No. 158 of 2018, under Sections 498A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Khajni, District- Gorakhpur.
The aforesaid trial is pending before the Additional Sessions Judge, (F.T.C.), Court No.1, Gorakhpur. All the witnesses of fact have turned hostile. Except the present applicant, all accused persons have been enlarged on bail. The fact remains that the applicant is the husband of the deceased.
Taking into account the totality of the circumstances, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 2.6.2018, it is expected from the trial court that this session trial shall be taken up on priority basis and would make all necessary endeavour to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably by 30th August, 2021, on production of a certified copy of this order by 31st January, 2021, if there is no legal impediment.
Order Date :- 13.1.2021 Vikas
2 issues framed by the court
Whether the applicant is entitled to bail in a 498A/304-B IPC case where fact witnesses are hostile and all other co-accused are on bail.
Whether the trial court should expedite the pending trial due to the applicant's prolonged detention and lack of legal impediments.
2 provisions across 2 enactments
Akshay Kumar
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
