Rajmani Yadav v. State of U.P.
Case brief
What is this about?
Court granted bail to applicant Rajmani Yadav, accused in a dowry death case, relying on parity with a co-accused and without probing merits of the case.
What did the court decide?
Applicant released on bail on furnishing a personal bond and two sureties each in like amount.
What the court decided
Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24621 of 2019
Applicant :- Rajmani Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Parmeshwar Yadav,Madan Mohan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accusedapplicant Rajmani Yadav , who is involved in case crime no. 137 of 2018 under Section 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Unj, District-Bhadohi.
Submission of learned counsel for the applicant is that applicant is the father-in-law and in the similar set of facts, in respect to the same occurrence co-accused Photo Devi (mother-in-law) of the victim has been provided bail by co-ordinate Bench of this Court on 6.6.2019 in Crl. Misc. Bail Application No.23368 of 2019, claiming parity, pleading false implication it is lastly contended that the accused applicant is languishing in jail since 13.3.2019.
Learned A.G.A has opposed the prayer for bail. However granting bail to co-accused Photo Devi and parity has not been disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Sections 498A and 304B IPC and the Dowry Prohibition Act.
Parties & counsel
- applicant
Rajmani Yadav
Coram
Umesh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/24621/2019
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