Dismissed

Ashok Kumar Tyagi v. State of U.P.

Allahabad HC28 Jul 2022BAIL/16676/2022

Case brief

AI extract

What is this about?

High Court disposed of a bail application by dismissing it without examining merits due to the gravity of the injury-related death case. The Court directed the trial court to conclude proceedings within one year, imposing strict timelines and witness coercion measures.

What did the court decide?

Bail application dismissed; trial directed to conclude within one year; strict coercive measures for witnesses ordered.

Ashok Kumar Tyagi Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16676 of 2022 Applicant :- Ashok Kumar Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A.,Laxmi Kant Bhatt Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.731 of 2019 at Police Station-Medical College, District-Meerut under Sections 498A, 304B, 506 IPC and Section 3/4 of the Dowry Prohibition Act. The applicant is in jail since 25.09.2019.

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The bail application of the applicant was rejected by learned Sessions Judge, Meerut on 16.02.2022. The applicant is the husband of the deceased. The deceased got married with the applicant on 11.02.2017. The allegations of harassment of the deceased and demand of dowry has been made against the applicant. The death of the deceased was unnatural. The F.I.R., the postmortem report as well as viscera report corroborate the prosecution story. The conduct of the applicant after the death of the deceased was also implicatory. Serious antemortem injuries are referenced in the post mortem report. There is an eye witness who is the son of the applicant, who has named the applicant as the principal offender. The trial is on foot.

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Shri Akhilesh Chandra Shukla, learned counsel for the applicant contends that the two witnesses have

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already been examined.

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The offence is grave. The likelihood of the applicant committed the offence is borne out from the records. At this stage no case for bail is made out.

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Without going into the merits of the case, the bail application is dismissed.

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Interest of justice will be served by directing the learned trial court to expedite the trial within a stipulated period of time.

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The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses also are directed to cooperate with the trial proceedings.

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The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding.

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Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the

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witnesses on the appointed date before the trial court.

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The learned trial judge shall submit a fortnightly report on the progress of trial and the steps taken to ensure that the trial is concluded within a stipulated period of time to the learned District Judge, Meerut.

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Order Date :- 28.7.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.08.02 16:50:10 IST Reason: Location: High Court of Judicature at Allahabad

Ashok Kumar Tyagi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashok Kumar Tyagi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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