Sahid v. State of U.P.
Case brief
What is this about?
High Court allowed bail to the applicant in a dowry death case after seven years of detention, relying on Supreme Court precedents and hostile prosecution witness testimony, without expressing an opinion on the case merits.
What did the court decide?
Applicant released on personal bond with two sureties subject to attending trial and not tampering with witnesses.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6691 of 2022
Applicant :- Sahid Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 104 of 2015, under sections 498A, 304B I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Gazipur, districtFatehpur, is seeking enlargement on bail during the trial.
The contention of the counsel for the applicant is that this is the second bail application of the applicant. The first bail application of the applicant was rejected by Hon'ble Sudhir Agarwal as His Lordship was then, vide order dated 21.5.2019 passed in Criminal Misc. Bail Application No. 11009 of 2016. The only new ground on which the applicant is seeking enlargement on bail through this is that the applicant is in jail sine 6.5.2015. More than seven years have passed and the trial has not yet been concluded. He further submits that PW1 informant and PW2 relative of the deceased have not supported the prosecution case during trial and turned hostile. He lastly submits that the applicant has not criminal antecedents to his credit and he is in jail for the last more than seven years, is entitled to be enlarged on bail during pendency of the trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is the husband and the deceased had died within seven years of her marriage in her matrimonial home and a very heavy burden is cast upon the defence to explain the circumstances under which the deceased had died. However, he has not disputed the fact that the applicant is in jail for the last more than seven years.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to be enlarged on bail after more than seven years of detention considering the hostility of prosecution witnesses.
Whether the length of imprisonment and change in prosecution witness stance warrant bail under recent Supreme Court precedents.
Under what conditions bail can be granted without expressing an opinion on the merits of the case.
Parties & counsel
- applicant
Sahid
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/6691/2022
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