Shyam Ji Yadav v. State of U.P.
Case brief
What is this about?
High Court rejected bail application in cases concerning dowry death under IPC 498A and 304B, citing statutory presumption of guilt under the Evidence Act and refusing to intervene in trial court bail decisions under CrPC 439.
What did the court decide?
Bail application rejected; trial to conclude within 1.5 years.
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. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18165 of 2020
Applicant :- Shyam Ji Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Anil Kumar Srivastava (Senior Adv.),Ram Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Rejoinder affidavit filed on behalf of applicant is taken on record.
Heard Shri Anil Kumar Srivastava, learned senior counsel assisted by Shri Ram Bahadur, learned counsel for the applicant and learned A.G.A. Perused the record.
The applicant, who is husband, is facing prosecution in Case Crime No.354 of 2019, under Section 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Shivkuti, District-Prayagraj.
Contention raised by learned counsel for the applicant is that the wife of the applicant has committed suicide after six years and nine months whereas she has given birth to two small kids. Postmortem report of the deceased reveals that there is singular ligature mark around her neck and the cause of death ascertained by the doctor is due to asphyxia as a result of ante mortem hanging. There is no injury found on the body of the deceased.
Per contra, learned A.G.A. has opposed the prayer for bail mentioning the fact that there is presumption of law under Section 113-A of the Evidence Act against the husband and the learned counsel for the applicant has been unable to rebut those presumptions and thus do not deserve any sympathy.
Issues for consideration
3 issues framed by the court
Whether presumption of cruelty under Section 113-A of the Evidence Act rebuts the applicant's claim.
Whether bail petition is maintainable given the nature of offences.
Whether trial court should expedite proceedings in matrimonial negligence cases.
Parties & counsel
- applicant
Shyam Ji Yadav
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/18165/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court