The High Court court (Cr.M.Bail App. 4290 of 2021) rejected this second bail application. The judge found no new grounds for release despite the applicant's claim of innocence and potential tampering of evidence. The trial court was directed to expedite the trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4290 of 2021
Applicant :- Durgawati Devi Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This is the second bail application. First bail application of the applicant was rejected vide order dated 20.1.2020.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case; applicant having no previous criminal antecedents is languishing in jail since 1.11.2019, hence the applicant may be released on bail.
Learned A.G.A. opposed the prayer for bail contending that it will not be in public interest to release the applicant on bail. There is reasonable apprehension of the evidence/witnesses being tampered/influenced.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no new ground for grant of bail to the applicant Durgawati Devi involved in Case Crime No.107 of 2019, under Sections 498A, 304B IPC & 3/4 of D.P. Act, P.S. Babhani, District Sonbhadra.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 18.3.2021
S.Prakash
2 issues framed by the court
Whether bail should be granted to the applicant who is imprisoned since 1.11.2019.
Whether new grounds exist in the second bail application to warrant release.
2 provisions across 2 enactments
Durgawati Devi
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
