This Court rejected the second bail application of an accused in a dowry death case. The Court found the defence failed to explain a fractured hyoid bone, though retaining a direction for the trial court to conclude the trial within three months.
Bail application rejected; trial court directed to conclude trial within three months.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20527 of 2020
Applicant :- Vivek Kumar Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Vikram,Atharva Dixit,Manish Tiwary(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard Sri Manish Tiwary, learned Senior Advocate assisted by Sri Devesh Vikram, learned counsel for the applicant, learned AGA for the State and perused the record.
Supplementary affidavit as well as counter affidavit filed on behalf of the parties in the Court today is taken on record.
By means of this application, the applicant who is involved in case crime no. 122 of 2017, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, P.S. Shakti Nagar, District-Sonbhdra and is in jail since 22.7.2017, is seeking enlargement on bail during the trial.
This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court, vide order dated 19.9.2019, passed in Criminal Misc. Bail Application no. 39066 of 2018. The only ground on which the applicant is seeking enlargement on bail during the trial by means of this application is that the deceased was taken to the hospital by the applicant where she was examined. On her medical examination, it transpired that she had consumed poison and foam was coming out of her mouth. It is next submitted that the victim had committed suicide but the prosecution had tried to give it a colour of dowry death. He also submits that PW-1, the first informant, in his evidence during the trial has stated that the deceased had been strangulated to death, despite the fact that the postmortem report of the deceased indicates that she died due to asphyxia as a result of hanging. There being no evidence that her death is homicidal, the applicant who has no criminal
antecedents is entitled to be enlarged on bail.
Per contra learned AGA has opposed the prayer for bail and submitted that the applicant being the husband of the deceased is the main accused in the present case. The deceased had died in her matrimonial home and her death being unnatural, a very strong burden is cast upon the defence to explain as to how the hyoid bone of the deceased was broken which burden the defence has failed to discharge and hence the applicant's prayer for bail is liable to be turned down.
On an query made by this Court as to how the hyoid bone of the deceased was fractured and broken, normally it does not break or fracture in the case of suicidal death, the learned counsel for the applicant could not could not give a satisfactorily reply.
In this view of the above, this Court does not find any ground made out to enlarge the applicant on bail.
Accordingly, this application is rejected.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated here-inabove the applicant may move fresh application before this Court.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify
the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.3.2021 Faridul
3 issues framed by the court
Whether the applicant is entitled to bail during the trial given the contradiction between the cause of death as per postmortem and prosecution evidence.
Whether the fracture of the hyoid bone which is unlikely in suicide justifies rejecting the bail plea.
Whether the trial should be concluded within a stipulated timeframe to prevent inordinate delay.
3 provisions across 2 enactments
Vivek Kumar Shukla
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
