Sumit v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant, alleged of dowry death, balancing overcrowding and trial delays against severe charges without deciding the merits of the case.
What did the court decide?
Release on bail with personal bond and two sureties; trial concluded within one year.
What the court decided
Neutral Citation No. - 2023:AHC:177852
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38939 of 2023
Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Agrahari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
- List of fresh cases have been revised.
- Today lawyers are on strike. The liberty of an individual cannot be curtailed because lawyers are abstaining from Court.
- Learned A.G.A informs that notice has been served on informant but no one has put in appearance on his behalf.
- Heard learned A.G.A for the State and perused the material on record.
- There is allegation against the applicant of committing dowry death of his sister-in-law ( bhabhi ).
- It appears from the record that the marriage of the couple took place in the year 2018 and the incident took place in February, 2023. It is averred in the bail application that the applicant is residing apart from the couple. He has brought on record the rent deed with his landlord in this regard. He does not appears to have criminal history nor he had any motive to commit the alleged offence. The deceased committed suicide by way of hanging due to dispute between the couple. The applicant is in jail since 18.02.2023.
Issues for consideration
2 issues framed by the court
Whether an under-trial applicant can be granted interim bail considering jail overcrowding and uncertainty of trial conclusion.
Whether fundamental rights under Article 21 mandate speedy trial in under-trial cases.
Parties & counsel
- applicant
Sumit
- respondent
State of U.P.
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/38939/2023
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