Single Judge rejected the application seeking bail in a case under sections 498-A IPC and DV Act, holding that prima facie grounds were insufficient given the gravity of the offence. The court directed the trial court to conclude the trial within six months.
Application for bail is dismissed.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53557 of 2022
Applicant :- Prabal Kumar @ Suraj Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Anurag Dubey, learned counsel for the applicant, learned A.G.A. for the State, and perused the record.
This applicant Prabal Kumar @ Suraj has been filed with a prayer to release the applicant on bail in case crime No. 149 of 2022, under sections 498-A, 323, 304-B IPC and section 3/4 D.P. Act, P.S. Kishni, District Mainpuri.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. Further contended that in the present case applicant is husband of the deceased, but due to some dispute the deceased has committed suicide/ There is general allegation of demand of dowry and applicant is a poor person and was in a position to meat out the expenses, therefore she committed suicide and lastly argued that applicant is in jail since 20.7.2022.
Per contra learned A.G.A. for the State rebutted the above arguments stating that applicant-accused is named in the FIR along with other co-accused, The deceased has died below seven years of her marriage due to mental and physical harassment and in the FIR there is specific demand of Rs. 50,000/- and a golden chain and the gravity of the offence is too much, therefore, the applicant may not be released on bail
Having considered the submissions raised by the counsel for the applicant-accused and the objections raised by learned A.G.A. for the State, gravity and severity of the offence and conduct of the applicant-accused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail. Accordingly, prayer for bail is refused.
Accordingly, this application is dismissed.
Learned trial court is directed to conclude the trial if possible with six months.
Order Date :- 10.1.2023 RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be released on bail in a case involving Sections 498-A, 323, 304-B IPC and DV Act.
Whether the allegations of false implication and suicide due to dowry demands are sufficient to enlarge the applicant on bail.
2 provisions across 2 enactments
Prabal Kumar @ Suraj
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
