Dismissed
Pankaj @ Chhotu v. State of U.P.
Allahabad HCBAIL/57678/2022
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57678 of 2022
Applicant :- Pankaj @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Muktesh Kumar Singh
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No.584 of 2020, under Sections 498-A, 304-B of IPC and and Section 3/4 of Dowry Prohibition Act, Police Station Sikandrabad, District Bulandhahar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Applicant is the husband of the deceased Arti. The marriage of the deceased was solemnized with the applicant prior to four years of the incident. There are general allegations in the first information report with regard to demand of dowry. The applicant never made any demand of dowry with his wife. The coaccused Gagan Yadav moved an application to Command Officer that he and his wife were not present at the time of occurrence. The cause of death was ascertained as asphyxia due to throttling. The applicant was not present at the time of incident. It is submitted that three prosecution witnesses have been examined. It is further submitted that applicant is languishing in jail since 10.08.2020 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that in postmortem of the deceased, her hyhoid bone was found fracture and multiple linear abrasion clotted blood present of back side of right ear. It is submitted that applicant is the husband of the deceased and she died within seven years of her marriage.
Considering the submissions of learned counsel for the parties, nature of allegations and gravity of offence, without expressing
any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
However, learned trial Court is directed to expedite the trial and conclude it preferably within six months without granting any unnecessary adjournment to either of the parties.
Order Date :- 3.5.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 provisions across 2 enactments
Pankaj @ Chhotu
Mayank Kumar Jain
As recorded by the court registry
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