Dismissed

Subhash v. State of U.P.

Allahabad HC11 May 2022BAIL/14226/2022

Case brief

AI extract

What is this about?

The High Court rejected the bail application of a husband accused of dowry-related offenses under Section 304-B IPC. The court held that statutory presumption under Section 113-B Indian Evidence Act was attracted due to death by poisoning within two years of marriage and insufficient explanation of circumstances.

What did the court decide?

Bail application rejected; trial to be expedited and concluded within one year.

Subhash Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14226 of 2022

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Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 174 of 2021, under Sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act, Police Station Sirauli, District Bareilly.

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As per the prosecution version the deceased had called her brother and asked him to come and take her from the matrimonial home as she was harassed for dowry. It is also alleged that family members came but the deceased was not allowed to go with them and on the next day it was found that she has already died. The postmortem report has been prepared and viscera was preserved.

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Counsel for the applicant submits that it is a case of suicide by consuming poison by the deceased and he has been falsely implicated in the matter.

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Learned AGA opposes the bail application and states that viscera report has been received according to which cause of death is poisoning. It is also stated that death of the deceased is within two years of the marriage and, therefore, statutory presumption under section 304-B IPC read with section 113-B of the Indian Evidence Act would be attracted and since circumstances are not properly explained the applicant, who is the husband, is not entitled to be released on bail.

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Considering the fact that death of the deceased is within two years of marriage and in the viscera report cause of death is found to be poisoning and the allegation of demand of dowry is otherwise specifically made, I am of the view that it is not a fit case for grant of bail.

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The present bail application is, accordingly, rejected. It is, however, provided that the trial court concerned shall expedite the trial and make all endeavours to conclude it within a period of one year.

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Order Date :- 11.5.2022 Ashok Kr.

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Digitally signed by ASHOK KUMAR Date: 2022.05.12 14:06:57 IST Reason: Location: High Court of Judicature at Allahabad

Subhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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