Court No. - 80
Case :- CRIMINAL APPEAL No. - 4671 of 2018 Appellant :- Ashwani Singh @ Pintu Singh Respondent :- State of U.P.
Counsel for Appellant :- Dileep Kumar,Rajrshi Gupta,Vijay Kumar Counsel for Respondent :- G.A.
Hon'ble Rajendra Kumar-IV,J.
In Ref: Criminal Misc. Bail Application No. 1 of 2018.
Heard learned counsel for the accused-appellant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.213 of 2015, under Sections 498-A and 304-B IPC and Section 4 of Dowry Prohibition Act, Police Station Belipaar, District Gorakhpur, applied for bail.
Learned counsel for the accused-appellant submits that accused-appellant has been convicted by Trial Court without proper appreciation of evidence. He is innocent; there is no sufficient evidence to convict him; accused-appellant has falsely been implicated in the present case with ulterior motive. Maximum punishment awarded to accused- appellant by Trial Court is 10 years. Accused- appellant is in Jail since 14.09.2015 having no criminal history; death of victim-Sarika Singh is totally accidental; applicant is husband of the victim; applicant never demanded dowry nor he tortured her; victim died due to accidental burn injuries. If accused-appellant is enlarged on bail during appeal, he shall not misuse its liberty. Due to huge pendency of appeals in the Hon'ble Court, there is no possibility of early disposal of appeal soon.
Learned A.G.A. opposed the prayer of bail supporting the order of conviction and further submitted that Trial Court appreciated entire evidence on record in right perspective. There is sufficient evidence on record to convict the accused-appellant in aforesaid Sections. It is further submitted that victim was ill-treated, tortured and subjected to cruelty in demand of dowry; she died within seven years of her marriage due to burn under the unnatural circumstances. It is further submitted that evidence produced by prosecution has been found to be credible by Trial Court. In case, he is released on bail during appeal, he shall not turn up to get this appeal decided on merit; and there is grave possibility of their fleeing away from judicial process.
In State Vs. Captain Jagjit Singh, 1962 AIR 253, Supreme Court has observed as under :-
"Among other considerations, which a court has to take into account in deciding whether bail should be granted in a non-bailable offence, is the nature of the offence; and if the offence is of a kind in which bail should not be granted considering its seriousness, the court should refuse bail even though it has very wide powers under Section 438 of the Code of Criminal Procedure."
Be that as it may, death occurred within 7 years of the marriage of victim due to burn injuries found on the body of deceased by doctor during postmortem and prima facie nothing is made out to show that appellant be enlarged on bail.
Accordingly, bail application is hereby dismissed.
Order Date :- 26.11.2019 Akram
Court No. - 80
Case :- CRIMINAL APPEAL No. - 4671 of 2018 Appellant :- Ashwani Singh @ Pintu Singh Respondent :- State of U.P.
Counsel for Appellant :- Dileep Kumar,Rajrshi Gupta,Vijay Kumar Counsel for Respondent :- G.A.
Hon'ble Rajendra Kumar-IV,J.
List this April in April 2020.
Order Date :- 26.11.2019 Akram