Ramautar Nishad v. State of U.P.
Case brief
What is this about?
This is the second bail application challenging bail rejection due to prima facie evidence and the serious nature of allegations regarding dowry-related death. The High Court noted no witnesses were examined for over a year and ordered coercive measures to summon them, allowing a fresh application after six months.
What the court decided
Neutral Citation No. - 2023:AHC:222935
Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46572 of 2023
Applicant :- Ramautar Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kishor Gupta,Anjali Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
This is second bail application. First bail application was rejected on 12682 of 2023 and relevant part is reproduced hereinafter :-
"In the present case, daughter-in-law of applicant does not survive more than two years of her marriage. She died due to excessive burn injuries (97 to 98%). In the F.I.R. certain allegations are not made, however, it is well settled position of law that first information report is not an encyclopedia.
There is substance in the argument of learned A.G.A. for State that statements recorded during investigation have specifically alleged about allegation of committing cruelty by applicant and coaccused in regard to demand of dowry which was continued even after a baby girl was born to victim, therefore, the Court cannot ignore said evidence, which appears to be cogent as well as taking note that though co-accused has been granted bail, however, reasons given in orders may not be in terms of Manoj Kumar Khokhar(Supra) and Brijmani Devi(Supra) , therefore, no case of parity is made out.
Issues for consideration
2 issues framed by the court
Whether bail should be granted given the prima facie evidence and the delay in trial since the applicant's arrest.
Whether the lack of examination of witnesses despite summons warrants bail as a ground to expedite trial.
Parties & counsel
- applicant
Ramautar Nishad
Coram
Saurabh Shyam Shamshery
Pushpendra Pandey
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/46572/2023
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