Kaladeen v. State of U.P.
Case brief
What is this about?
This bail application was allowed, holding the applicant entitled to release on personal bond and sureties. The court noted jail overcrowding and lack of criminal history.
What did the court decide?
Release on bail on furnishing a personal bond and two sureties to the satisfaction of the court below.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38933 of 2021
Applicant :- Kaladeen Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra,Avnish Kumar Counsel for Opposite Party :- G.A.,Rajesh Kumar Nishad
Hon'ble Ajay Bhanot,J.
Heard Shri Jitendra Prasad Mishra, learned counsel for the applicant and Shri Nafees Ahmad, learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 0176 of 2020 at Police Station Pailani District Banda under Sections 498-A, 304-B IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
The bail application of the applicant was rejected by learned Sessions Judge, Banda on 18.08.2021.
The applicant is in jail since 31.12.2020 pursuant to the said F.I.R.
Shri Jitendra Prasad Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The deceased was the second wife of the applicant. Applicant's first wife was the real sister of the deceased who died in the year 2010 due to child birth related complications. Two children were born in the first wedlock of the applicant. The applicant was blessed with two children who were born in the wedlock with the deceased. The deceased was temperamental and
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail on the grounds of false implication and jail overcrowding.
Parties & counsel
- applicant
Kaladeen
Coram
Ajay Bhanot, J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/38933/2021
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