Imran v. State of U.P.
Case brief
What is this about?
A bail application was heard in a case involving post-marital torture leading to the death of the victim by poison under Sections 498-A IPC and Dowry Prohibition Act. The High Court rejected the bail prayer, citing the gravity of the offence and the unnatural death confined to the matrimonial home within seven years of marriage.
What the court decided
A compact analysis
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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40843 of 2020
Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Supplementary affidavit, filed today in the Court, is taken on record.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Imran, who is involved in Case Crime No. 311 of 2017, under Sections 498-A & 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S.- Bansdih, District- Ballia.
The FIR version is that the daughter of informant Rozy Khatun was married with Imran Shah son of Kurban Ali, resident of village Semri Rampur, Police Station Basdih, District Ballia in the year 2015 and the dowry was given as per the capacity at the time of marriage, but the inmates of the in-laws house were not satisfied with the dowry and used to torture to her daughter. A demand of motorcycle was made. On 8.4.2017, her daughter was administered with the poison and consequently she was died. On this information, a Case Crime No. 311 of 2017, under Sections 498-A & 304-B I.P.C. and 3/4 Dowry Prohibition Act, was registered at P.S.- Bansdih, District- Ballia against applicant Imran Shan, Shahnaj (mother-in-law) and Kurban Ali (father-in-law).
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving charge of death of wife by poison under Section 304-B IPC.
Whether the delay in registration of case and general allegations attract exceptional circumstances for bail release.
Whether the circumstantial evidence of unnatural death and preservation of viscera precludes bail.
Parties & counsel
- applicant
Imran
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/40843/2020
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