Sanjay v. State of U.P.
Case brief
What is this about?
The Single Judge allowed bail to Sanjay, charged with dowry death, finding it a fit case without commenting on merits, subject to standard conditions including cooperation with trial and no tampering with evidence.
What did the court decide?
Released on bail subject to personal bond, two sureties, and conditions to cooperate with trial and not interfere with prosecution evidence.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3622 of 2019
Applicant :- Sanjay Opposite Party :- State Of U.P. Counsel for Applicant :- Nigamendra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being uncle-in-law of deceased; that as per averments made in F.I.R. Lakshmi was married to Deepak on 28.4.2016 and since after marriage, she was being treated with cruelty for non fulfilment of demand of dowry by her husband, mother and applicant and on 31.3.2018 first informant got information that her daughter has been murdered by slitting her throat; that post mortem report states multiple incised wounds over neck of deceased with opinion of her death about 1-2 days back due to shock and haemorrhage as a result of ante mortem injuries; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for nonfulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for nonfulfilment of demand of dowry; that Ram Prakash, father-in-law of deceased had died and mother-in-law of deceased was living with applicant in separate house, as his wife and deceased was living with co-accused Deepak, her husband separately; that applicant did not cause any injury to deceased and incised wounds caused to her on neck, might have been caused by her husband, who is absconding since the day of incident; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 7.6.2018.
Issues for consideration
2 issues framed by the court
Whether the learned court was correct in granting bail to the accused charged with dowry death.
Whether the case constituted a fit case for bail under the totality of facts and circumstances.
Parties & counsel
- applicant
Sanjay
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/3622/2019
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