Criminal Misc. Bail Application rejected. Court refused bail to applicant convicted in dowry death case citing dying declaration attributing blame to him despite allegations of extensive burn injuries.
Bail application rejected; applicant remains in custody.
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Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34285 of 2018
Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ajit Kumar,Deepak Kumar Verma,Siya Ram Verma
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 41 of 2018, under Sections 498A, 304B, 326 IPC & 3/4 D.P.Act, P.S. Mauaima, District Allahabad, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is husband. It is next submitted that there is extensive burn injury charing the entire body of the deceased and there is dying declaration annexed as Annexure-2 to the affidavit accompanying bail application in which she squarely attributed the role of pouring kerosene oil and set her ablaze to the applicant. This incident took place within one year of marriage.
Considering the marriage and the applicant is solely responsible person to set her ablaze. I do not find any good reason to exercise my discretion in favour of the applicant under Section 439 Cr.P.C., the bail application of the applicant is hereby rejected.
Order Date :- 10.9.2018
Abhishek Sri.
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. in a case involving dowry death allegations?
Whether the dying declaration attributing the crime to the applicant precludes the exercise of bail discretion?
1 provisions across 1 enactments
Rakesh Kumar
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
