Dismissed

Suraj Patwa v. State of U.P.

Allahabad HC10 Feb 2023BAIL/12095/2021

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a bail application filed by a husband accused in a dowry-related suicide case. The court held that no reason existed to grant bail given the unnatural death and allegations of harassment, but directed the lower court to expeditiously conclude the trial.

What did the court decide?

Bail application dismissed; trial to be concluded expeditiously under Section 309 Cr.P.C.

Suraj Patwa Vs State of U.P. — Quashing and FIR | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12095 of 2021

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Applicant :- Suraj Patwa Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Kumar Srivastava,Rajeev Chaddha,Satendra Kumar Gautam Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Saroj Yadav,J.

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This application has been filed with a prayer to release the accused applicant on bail in Case Crime No. 237 of 2020, under Section 498-A, 304-B and 201 of I.P.C. and Section 3/4 of D.P. Act, Police Station Brijmanganj, District Maharajganj.

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Heard Mr. Rajeev Chaddha, learned counsel for the accused/applicant and Mr. Alok Kumar Tripathi, learned A.G.A. for the State-respondent and perused the material on record.

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Learned counsel for the accused/applicant submitted that accused/applicant is the husband of the deceased and he has no concern with the crime. The deceased committed suicide, as the cause of death is Asphyxia, as a result of ante-mortem hanging. Earlier the FIR was lodged against many persons and chargesheet was submitted only against three persons. He further submitted that the accused applicant is languishing in jail since 21.10.2020, so the accused applicant should be enlarged on bail.

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Contrary to it, learned A.G.A. appearing on behalf of the Staterespondent vehemently opposed the bail application of the accused applicant and submitted that deceased died within seven years of her marriage in her matrimonial home and in the injury report contusion has been found on the vital part of the body of the deceased i.e. chest. There are allegations of demand of dowry made in the FIR and she died an unnatural death. Therefore, the accused applicant should not be enlarged on bail.

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Considered the rival submissions and perused the material available on record.

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It transpires from the record that accused/applicant is the husband of the deceased. Deceased died in her matrimonial home an unnatural death within seven years of her marriage and there are allegations in the FIR of harassment and torture for

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non-fulfilment of the demand of dowry. In the postmortem report contusion was found on the vital part of the body of the deceased. The accused/applicant is the husband of the deceased, who had a greater responsibility to safeguard the life of his wife. Hence there appears no reason to enlarge the accused/applicant Suraj Patwa on bail.

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Hence the bail application of the accused/applicant deserves dismissal and is dismissed accordingly.

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However, the learned lower court is directed to expedite the trial and conclude the same expeditiously keeping in view the provisions of Section 309 Cr.P.C.

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(Mrs. Saroj Yadav, J.)

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Order Date :- 10.2.2023 A. K. Singh

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Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad

Suraj Patwa v. State of U.P.

Case brief

What is this about?

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Suraj Patwa v. State of U.P.

Case brief

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