Palla v. State of Up
Case brief
What is this about?
This bail application was disposed of by releasing the applicant on bail subject to furnishing a personal bond and sureties, emphasizing conditions to tamper with evidence or commit further crimes.
What did the court decide?
Release on bail with personal bond and two sureties, subject to specified conditions.
What the court decided
Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13082 of 2020
Applicant :- Palla Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant, Palla, with a prayer to release him on bail in Case Crime No. 11 of 2020, under Sections 498-A, 304-B, 201 IPC and 3/4 Dowry Prohibition Act, 1962, Police Station Nakur, District- Saharanpur during pendency of trial.
The applicant is the father-in-law (Chachiya Sasur) of the deceased. There are general allegations in the FIR against the accused of causing the death of the deceased on account of non fulfilment of demand of dowry. No specific role has been assigned to the applicant in the alleged offence. It has been submitted that the applicant has been falsely implicated in this case. He was not residing with the deceased at the time of the commission of the alleged crime. The cause of death is not known. There is no evidence to show at this stage that the cruelty meted out that deceased and her harassment were connected to the demand of dowry. Unless it is proved the presumption under Section 113-B of the Evidence Act will not be attracted to this case. There is also no material on record to show that the alleged demand of dowry was communicated to the guardian of the deceased who is expected to fulfil the same. It is not a case of dowry death and a simple case of suicide. The applicant is in jail since 08.01.2020 and has no criminal history to his credit.
Issues for consideration
2 issues framed by the court
Whether the applicant involving in dowry death case shall be released on bail subject to conditions.
Interpretation of Section 113-B of the Evidence Act in relation to dowry death.
Parties & counsel
- applicant
Palla
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/13082/2020
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