Shankar v. State of U.P.
Case brief
What is this about?
Single Judge allowed bail to Shankar, brother-in-law of deceased, in 498-A/304-B IPC case. Court held prima facie case is suicide based on PMR; co-accused already on bail; no chance of flight.
What did the court decide?
Release on personal bond and two sureties subject to conditions regarding court appearances and prohibitions on misuse of liberty.
What the court decided
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45666 of 2022
Applicant :- Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra,Prateek Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Shankar seeks bail in Case Crime No. 37 of 2022, under Section 498-A, 304-B IPC and section 3/4 of D.P. Act, P.S. Shahabganj, District- Chandauli.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant is brother-in-law (Jeth) of the deceased. General and vague allegations of demand of dowry has been made against the applicant. As per post mortem report, Doctor has noted the cause of death to be asphyxia as a result of hanging. Apart from ligature mark there is no other injury on the person of the deceased.
Learned counsel for the applicant has next submitted that the victim infact committed suicide on account of mental depression due to chronic health problems.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant who is a brother-in-law of the deceased accused under vague dowry allegations.
Parties & counsel
- applicant
Shankar
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/45666/2022
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