Dismissed

Nanhu @ Fulloo v. State of U.P.

Allahabad HC7 Sept 2021BAIL/27243/2021

Case brief

AI extract

What is this about?

The High Court rejected the second bail application submitted by the applicant in a dowry-related case. While refusing bail due to the severity of offences and lack of new grounds, the court directed the trial court to conclude the proceedings within nine months under Section 309 Cr.P.C.

What did the court decide?

Trial to be concluded within nine months; applicant granted liberty to file fresh bail application if said period is not complied with.

Nanhu @ Fulloo Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27243 of 2021

¶3

Applicant :- Nanhu @ Fulloo Opposite Party :- State of U.P. Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajiv Joshi,J.

¶5

Heard Sri Kameshwar Singh, learned counsel for the applicant, learned AGA for the State and perused the record.

¶6

This is the 2nd Bail Application filed on behalf of the applicant to release him on bail in Case Crime No. 156 of 2019 under Sections- 498-A, 304-B, 504 IPC and Section 3/4 D.P. Act, Police Station-Naraini, District- Banda during the pedency of trial.

¶7

The first bail application was rejected by this Court vide order dated 5.8.2021 passed in Criminal Misc. Bail Application No. 17557 of 2020 on the ground that within seven years of marriage death was occurred and even in the dying declaration specific role has been assigned to the applicant. However, trial was expedited to conclude the same within a period of one year, but the same has not been concluded as informed by counsel for the applicant.

¶8

It is submitted by learned counsel for the applicant that the affidavits have been filed by the informant, mother and brother of the deceased to the effect that there is no demand of any dowry as alleged in the FIR and she was died accidental while cooking the food. The said affidavits are alleged to have filed before the trial court. The applicant is in jail since 3.10.2019.

¶9

The veracity of the affidavits can only be certain by the trial court itself and the order sheet indicates that the charge has been framed against the accused-applicant and trial has held up due to non-appearance of other co-accused i.e. brother of the applicant- Jailpal Singh.

¶10

There is no subsequent development or any new ground has been brought on record.

¶11

After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the averments as contained in the present bail application and also looking to the seriousness of

¶12

the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out.

¶13

Accordingly, the 2nd Bail Application is rejected.

¶14

However, looking to the period of detention of the applicant, it is directed that the aforesaid case pending before the court below be decided expeditiously, within nine months in accordance with Section 309 Cr.P.C. and also in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the case of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220.

¶15

However, it is being made clear that in case, trial is not concluded within the aforesaid period applicant is given liberty to file a fresh bail application.

¶16

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶17

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶18

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.

¶19

Order Date :- 7.9.2021 Akbar

Nanhu @ Fulloo v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nanhu @ Fulloo v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Umesh Singh Vs State of U.P. and Another

Dhanraj Kushwaha Vs State of U.P.

Monu Kumar Bhart and Another Vs State of U.P.

Guddu Jatav Vs State of U.P.

Hoshiyar singh Vs State of U.P.

Vinod Yadav Vs State of U.P.