The single Judge dismissed the bail application filed by the accused in a case involving the burnt death of the wife. The court held that the delay in filing the FIR was not a ground for indulgence given the gravity of the offence and the unnatural circumstances of death inside the husband's house.
The application for bail was rejected at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14609 of 2019
Applicant :- Santosh Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Counter affidavit filed in Court today is taken on record.
Heard learned counsel for the applicant and Ms. Sanyukta Singh, learned A. G. A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 88 of 2018, under Sections 498A, 304B IPC and section 3/4 D. P. Act, Police Station Muhammadabad, District Ghazipur with the prayer to enlarge the applicant on bail.
I have perused the FIR as well as the order by means of which the bail application has been rejected by the court below.
Perusal of the record shows that the applicant is the husband; the death of wife of the applicant took place within seven years of marriage that too in the house of the applicant under unnatural circumstances; cause of death of the wife is burn injuries and there is no explanation as to how and in what manner the injuries have been caused.
The only submission of the learned counsel for the applicant is that the FIR is delayed, even though the his in-laws were present at the time of inquest. However, this could not be a ground for grant of indulgence in a case of this nature.
After hearing the learned counsel for the applicant, learned A.G.A., perusing the averments as contained in the present bail application and looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected at this stage. Order Date :- 7.8.2019 Kuldeep
1 issue framed by the court
Whether to grant bail to the accused in the offence of dowry-death and arson under Sections 498A and 304B IPC.
2 provisions across 2 enactments
Santosh Kushwaha
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
