Court emphasizes the severity of the crime and dismisses delay in trial as a sole ground for bail.
In a recent judgment, the Delhi High Court, presided over by Justice Girish Kathpalia, has denied bail to Ashu Pal, who stands accused of the brutal murder of his wife. The case, registered under FIR No. 519/2019 at PS Prem Nagar, involves allegations of murder, dismemberment, and disposal of the body in a septic tank.
The bail application, Bail Appln. No. 3440 of 2026, was contested by Mr. Raghav Sharma and Mr. Vishvendra Singh on behalf of the petitioner, while the State was represented by APP Mr. Sanjeev Sabharwal along with Investigating Officer Inspector Amit Kumar.
The court was apprised of the heinous nature of the crime where, on February 22, 2019, the accused allegedly confessed to the murder at the police station. Subsequently, a PCR call from the deceased's brother corroborated the crime, leading to the recovery of the body. The family of the deceased had accused Ashu Pal and his family of torturing the victim over the birth of daughters and dowry demands.
Counsel for the defense argued discrepancies in the testimonies of the victim’s family and claimed that the accused never confessed at the police station. Furthermore, they highlighted the slow pace of the trial as a basis for seeking bail.
However, the prosecution countered these claims, stating that the trial was progressing adequately and underscored the compelling forensic evidence against the accused. The court, upon reviewing the gravity of the allegations and the forensic findings, concluded that the delay in trial, while a factor, could not outweigh the severity and nature of the crime.
Justice Kathpalia, in his oral judgment, expressed that the gruesome nature of the act, including the dismemberment and disposal of the body, significantly outweighed the arguments put forth for bail. Consequently, the bail application was dismissed, with instructions to communicate this order to the jail superintendent for the accused's information.
Bottom Line:
Bail application in a case involving gruesome murder - Court refused bail considering the gravity of the crime and the circumstances surrounding it. Delay in trial alone cannot be a sufficient ground for granting bail.
Statutory provision(s): Section 439 of the Criminal Procedure Code, 1973, Sections 302, 201, and 34 of the Indian Penal Code.
Ashu Pal v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2965128
