Anil Kumar v. State of U.P.
Case brief
What is this about?
This court granted bail to the applicant in a murder/dowry death charge after noting that prosecution witnesses stated the deceased committed suicide without dowry demand.
What did the court decide?
Applicant released on personal bond and two sureties subject to conditions preventing tampering, intimidation, and ensuring trial appearance.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7472 of 2019
Applicant :- Anil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Anil Kumar has prayed to release him on bail in Case Crime No. 13 of 2018, u/s 498A, 304B I.P.C. and 3/ 4 D. P. Act, P.S. Kotwali Kayamganj, District Farrukhabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. It was a suicide committed by the deceased herself of which information was given by the accused side to informant, but this case crime was got registered, whereas there was no demand of dowry or cruelty with regard to it nor any specific instance was ever said. There was no other antemortem injury over person of the deceased except ligature mark as is clear from the inquest report as well as autopsy examination report. PW1-informant Arvind Kumar and PW2Smt. Sukh Devi, father and mother, respectively, of the deceased in their statements before the trial court have not supported the prosecution case and they have categorically stated that there was no demand of dowry or cruelty with regard to it by the accused. On the basis of above statements they were declared hostile and they were cross-examined by the public prosecutor in which case of prosecution was not supported. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Sections 498A and 304B IPC alleging dowry death where prosecution witnesses support suicide.
Whether there is a likelihood of the applicant tampering with evidence or fleeing justice if granted bail.
Parties & counsel
- applicant
Anil Kumar
Coram
Ram Krishna Gautam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/7472/2019
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