Bittu v. State of U.P.
Case brief
What is this about?
Single-judge Criminal Misc. Bail Application allowed. Court granted bail to applicant accused under Sections 498-A, 304-B, 201 IPC, noting deceased's relatives did not support prosecution version.
What did the court decide?
Release on bail by personal bond and two heavy sureties subject to standard conditions including no tampering with evidence.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18143 of 2019
Applicant :- Bittu Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai,Punita Pandey,Sanjay Singh,Shweta Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
It is submitted that in this case applicant has been falsely implicated by the informant as being husband of the deceased who was his wedded wife and died on account of natural death. Further submitted that the deceased died naturally that was the reason her post-mortem was not done and after cremation in the presence of her inmates this F.I.R. was lodged with ulterior motive. It is also submitted that the trial is going on before the learned trial court in which PW-1 to 4 have already been examined. PW-2 father and Pw-4 mother of the deceased are witnesses of fact who have not supported the prosecution version as mentioned in the F.I.R. and they have not made allegation against this applicant about demand of dowry and harassment. In this way, no case of dowry death is made out against this applicant. There is no criminal antecedent against the applicant and he is in jail since 18.02.2018, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant satisfies the conditions for release on bail during trial.
Whether the lack of support from the deceased's parents weakens the prosecution case sufficient for bail.
Parties & counsel
- applicant
Bittu
Coram
Subhash Chandra Sharma
Ashok Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/18143/2019
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