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VIMAL KUMAR versus STATE OF U.P.

High Court of Judicature at Allahabad

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Vimal Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9554 of 2004 [2006] RD-AH 10256 (24 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.54

CRIMINAL MISC. BAIL APPLICATION NO. 9554 OF 2004

Vimal Kumar......................................Applicant.

                   Versus

State of U.P........................................Opposite Party.

Hon. Mrs. Poonam Srivastava, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The applicant is husband. The marriage of the deceased with the applicant was solemnized on 18.6.1998.  She met an unnatural death on 27.7.2003.  Submission is that brother of the applicant had given information to the police about the death of his Bhabhi. Thereafter, Panchnama was prepared. The family members were present at the time of inquest and no one made any complaint regarding demand of dowry whatsoever. After lapse of eleven days, the F.I.R. was registered. Post mortem report shows that cause of death could not be ascertained, therefore, viscera was preserved.  The viscera report has been annexed along with the counter affidavit, which shows presence of poison in the viscera. Delay in lodging the F.I.R. has been emphasized by the counsel for the applicant but it has been explained in the F.I.R. that the police had not registered the case.  Finally, an application was given to the S.S.P. concerned. It is true that the applicant is in jail since 27.1.2004 and only charge has been framed till date.

No case for bail is made out. The bail application is rejected.

I direct the learned Sessions Judge to expedite and conclude the trial in accordance with law expeditiously, preferably within a period of four months from the date a certified copy of this order is produced before him, without granting undue adjournment to the either parties.

Office shall send a copy of this order to the Sessions Judge concerned within a period of one week from today and furnish a copy to learned A.G.A. free of cost for intimation to the court concerned.

Dt. 24.5.2006

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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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