Raju v. State of U.P.
Case brief
What is this about?
High Court rejected third bail application of Raju, husband of deceased, in alleged dowry death case. Court held long incarceration not sufficient ground, noting prior orders discussed dengue. Trial court directed to expedite hearing.
What did the court decide?
Bail application rejected; trial court directed to expedite hearing within six months.
What the court decided
Neutral Citation No. - 2023:AHC:156704
Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24227 of 2023
Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A.
This is the third bail application on behalf of the applicant Raju, who is said to be the husband of the deceased.
The first bail application of the applicant was rejected on 30.11.2021 in non-prosecution and the second bail application was rejected on merits on 09.09.2022 by this Court only.
The only ground argued at this stage is that the deceased was suffering from dengue at the time of incident and this ground could not be argued at the time of disposal of the second bail application and the other ground is that the applicant is languishing in jail since 23.11.2018, five years have been passed, so the prayer for bail is made.
After going through the order dated 09.09.2022, whereby the second bail application of the applicant was rejected, in the third last paragraph of the order the reaction of medicine of dengue has been discussed, so the argument that ground of dengue was not raised at the time of disposal of the second bail application becomes wrong. So far as the ground of long incarceration is concerned, as per the record the applicant appears to be in custody since last five years. According to the learned counsel for the applicant, the statement of PW-5 is being recorded in the trial court.
Issues for consideration
2 issues framed by the court
Whether long incarceration constitutes a valid ground for granting bail in a death case involving alleged dowry death.
Whether the ground of the deceased suffering from dengue was adequately raised in previous bail applications.
Parties & counsel
- applicant
Raju
Coram
Sadhna Rani
Radhika Vikshwarkama
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/24227/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court