Vinod v. State of U.P.
Case brief
What is this about?
This bail application was allowed, granting release to the applicant who was detained since 2018 facing charges under 498A, 304B IPC for his wife's suicide. The court found merit in claims of false implication and lack of criminal history.
What did the court decide?
Release on bail by personal bond and two sureties with conditions against tampering and influencing witnesses.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4409 of 2021
Applicant :- Vinod Opposite Party :- State of U.P. Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 70 of 2018 at Police Station Marka District Banda under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act. The applicant is in jail since 10.10.2018.
The first bail application of the applicant was rejected by this Court on 17.03.2020.
Shri Kameshwar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the husband of the deceased. The applicant is bereaved by the death of his wife. The applicant prays for peace of the departed soul. The applicant never harassed the deceased nor did he demand dowry. The applicant is a daily wage labourer who works in Delhi. The applicant could not take his wife to reside with him in Delhi due to paucity of funds and accommodation. The deceased became depressed on account of prolonged separation from her husband. On the fateful day, she succumbed to depression and committed suicide by hanging herself.
The postmortem report opines that the cause of death as asphyxia due to antemortem hanging. No abnormality was detected in the hyoid bone. The postmortem report references ligature marks as the antemortem injuries which are consistent with the hanging. The applicant did not aid or abet the suicide. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Issues for consideration
2 issues framed by the court
Whether the applicant should be enlarged on bail despite a prior rejection.
Whether the applicant, alleged victim of dowry harassment, had a hand in the death of his wife.
Parties & counsel
- applicant
Vinod
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/4409/2021
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