Mahima
Allahabad High Court reprimanded the Uttar Pradesh Government over failure of the AGA in timely submission of counter-affidavit and viscera report of the deceased.
The Bench of Justice Rahul Chaturvedi strictly stated,
“The Court is not getting sufficient cooperation from the side of the State. This is a pathetic state and the Court records its strongest exception of such type of attitude form the State”.
In the present case of Anmol Rastogi v State of U.P., the applicant, Anmol Rastogi sought bail in case no. 182 of 2020 under Sections 304-B, 323, 328, 498A and 506 of IPC and Section 3/4 of the Dowry Prohibition Act.
The applicant was charged for demands of additional dowry. Following the death of his wife, it was also alleged that poisonous substances were administered to her.
The applicant’s counsel highlighted the doctor’s opinion which stated that the deceased suffered from a serious infection due to which she was referred to a better hospital.
It was also maintained that a satisfactory reply was not received from the doctor on whether poisonous substances were delivered to her or not.
On the contrary, AGA opposed the bail application but failed to substantiate his claims or invalidate aforesaid facts and legal submissions.
The Court also considered that the witnesses had turned hostile and reflecting upon the nature of the offence, evidence and submission of counsel for the parties, it decided that the applicant was eligible for bail.
The Court also noted the delay by AGA in filing counter affidavits and viscera reports almost in every case despite having sufficient time and remarked,
“The applicant who is in jail cannot be left at the mercy of the State/or the prosecutor”.
