Anshul Pal v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43149 of 2023 Applicant :- Anshul Pal Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 101 of 2022 at Police Station-Sadar Bazar, District-Jhansi under Sections 498A, 304-B IPC and Section 3/4 Dowry Prohibition Act. The applicant is in jail since 24.09.2022. The bail application of the applicant was rejected by the learned trial court on 01.05.2023. The following arguments made by Shri Shiv Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant is the husband of the deceased.

¶2The applicant never tortured the deceased nor did he demand dowry.

¶3The victim had suffered electric burn injuries in an electrical accident. She was rushed to the hospital by the applicant.

¶4The postmortem report records that the cause of death is due to antemortem electric burn.

¶5The applicant was falsely nominated at the instigation of the interested parties to extort money.

¶6PW-1 who is the informant has repudiated the prosecution case during the trial. The said witness has been declared hostile by the learned trial court.

¶7The trial is moving at a snail's pace and is not likely to conclude anytime in the near future. The applicant is not responsible for the delay in the trial.

¶8The prosecution proposes to examine 13 witnesses to bring home the charges. Till date only one prosecution witness has been examined.

¶9Inordinate delay in concluding trial had has led to virtually an indefinite imprisonment of the applicant without there being any credible evidence to implicate him in the offence and violates the rights of the applicant to speedy trial.

¶10The applicant does not have any criminal history apart from the instant case.

¶11The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Anshul Pal be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 18.10.2023 Jaswant High Court of Judicature at Allahabad