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Ramesh Chauhan vs State Of U.P. on 15 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 48

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 21072 of 2019

Applicant :- Ramesh Chauhan

Opposite Party :- State of U.P.

Counsel for Applicant :- Ashok Kumar Giri,Arvind Prabodh Dubey

Counsel for Opposite Party :- G.A.

Hon’ble Pritinker Diwaker,J.

Heard Shri Arvind Prabodh, learned counsel for the applicant and Sri J.K. Upadhyay, learned A.G.A. for the State.

This repeat application has been filed by the applicant seeking enlargement on bail during the trial in Crime No. 569 of 2014, under Sections ? 498A, 304B, 326 of SectionIPC and 3/4 of SectionDowry Prohibition Act, P.S-Cantt, Gorakhpur.

The first application was disposed of directing the trial Judge to conclude the trial expeditiously.

Counsel for the applicant submits that important witnesses have been examined and they have not deposed anything against the applicant.

On the other hand, opposing the bail application, it has been argued by the State counsel that in the dying declaration made by the deceased, main allegations are against the applicant and his son and therefore the applicant is not entitled for bail.

I have heard the parties and perused the record.

Considering the dying declaration of the deceased which has been recorded by the Executive Magistrate, I am not inclined to release him on bail, his bail application is accordingly rejected. The trial court, however, is directed to conclude the trial as directed earlier.

Order Date :- 15.11.2019

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