Dharamraj v. State of U.P.
Case brief
What is this about?
Court rejected bail application in dowry death case, citing severe nature of offense and Supreme Court precedent, directing trial court to conclude trial within six months.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10805 of 2019
Applicant :- Dharamraj Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Jitendra Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further contended that the applicant neither demanded dowry any time nor ill-treated the deceased for demand of dowry. According to postmortem report, except ligature mark, there is no other mark of injury on the body of the deceased. Since four witnesses of fact have already been examined, therefore, no possibility of tempering the evidence of prosecution. In case the applicant is released on bail, he shall not misused the liberty of bail. The applicant is in jail since 4.1.2018.
Per contra, learned A.G.A. vehemently opposed the prayer for bail and submitted that after marriage of deceased, she was subjected to cruelty for demand of dowry and she was done to death by hanging within eight months of marriage. It is admitted by learned counsel for the applicant that four witnesses of fact have been examined, only formal witnesses remain to be examined and trial is going to be concluded very soon.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant under Sections 498-A, 304-B I.P.C., and Dowry Death Prevention Act given the serious nature of the offense and proximity of trial conclusion.
Parties & counsel
- applicant
Dharamraj
Coram
Rajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/10805/2019
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