Regular bail was granted to the applicant, Govind Singh Kushwaha, in a criminal case involving alleged dowry death under sections 498A, 304B IPC and Section 3/4 of D.P. Act, without expressing an opinion on the merits.
Released on bail on furnishing a personal bond with two sureties each in the like amount.
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. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54171 of 2019
Applicant :- Govind Singh Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pathak,Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is Nandoi of the deceased. He has falsely been implicated in the present case. In postmortem report the cause of death has been shown asphyxia as a result of ante mortem hanging. It appears that the deceased has committed suicide herself. The applicant has no concern with the alleged incident. The applicant was residing separate from the deceased and her husband at 1216, near B.G.M. School, Shivaji Nagar, District Jhansi which is far away from the house of his father-in-law and deceased. It has further been submitted that applicant is not the beneficiary of alleged demand of dowry. The marriage of applicant was solemnized with Nanad of deceased namely Manju about 20 years back from the alleged incident and there are two sons of applicant aged about 16 and 15 years. The applicant has falsely been implicated only due to being relative of husband of the deceased. There is no direct evidence against the applicant. The applicant has no criminal history and is in jail since 4.11.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Govind Singh Kushwaha involved in Case Crime No. 281 of 2019, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Kotwali, District Jhansi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 6.12.2019 Masarrat
3 issues framed by the court
Whether the applicant, alleged to be falsely implicated in a case involving dowry death, is entitled to bail.
The question of bail in a criminal case under sections 498A and 304B IPC and Section 3/4 of D.P. Act.
If the applicant is a fit case for release on bail without adjudicating the merits.
3 provisions across 3 enactments
Govind Singh Kushwaha
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
