Dismissed
Chandan v. State of U.P. and Anr.
Allahabad HC/10732/2020
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10732 of 2020
Applicant :- Chandan Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Archana Rawat,Archana Rawat,Mohit Tiwari,Nasreen Bano,Ram Samujh,Shyam Kinkar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Smt Jyoti Rawat, holding brief of Sri Ram Samujh, the learned counsel for the applicant and Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime no. 764 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Gosainganj, District Lucknow.
The aforesaid case has been registered on the basis of F.I.R. lodged on 12.10.2019 against the applicant, his father, mother and two brothers stating that the informant had got her sister married to the applicant on 06.06.2019, that all the accused persons used to harass the informant's sister for demanding dowry and in the night of 11/12.10.2019 the accused persons killed the informant's sister.
The post mortem examination report mentions " a transverse reddish brown ligature mark of length 28 cm and width varying from 1.5 to 3.0 cm present all around the neck, completely encircling the neck ". Multiple small abraded contusions of reddish brown colour were reported in front of the neck and an abrasion was present just above the left eye brow, the cause of death has been reported to be Asphyxia due to ante
mortem strangulation.
A supplementary affidavit has been filed on behalf of the applicant annexing therewith the statements of the informant recorded by the Trial Court and he had stated that no dowry had been demanded by the accused persons and the informant does not know the cause of death of his sister (deceased). The deceased's mother Kamla has been examined as P.W. 2 and she has also been declared to be hostile. P.W.2 has stated that she has no knowledge as to whether the applicant and his family members had killed her daughter by strangulating her with her dubatta.
The learned counsel for the applicant has submitted that the applicant is languishing in jail and both the witnesses examined by the Trial Court have turned hostile and therefore, the applicant is entitled to be enlarged on bail.
What prima facie appears at this stage is that the informant's sister had got married to the applicant on 06.06.2019 and she died in the house of her husband-the applicant in the night of 11/12.10.2019, after about four months since her marriage. The post mortem examination report categorically mentions a ligature mark all around the neck, completely encircling the neck which indicates strangulating by some persons other than the deceased herself and prima facie the possibility of suicide is ruled out. Although, the informant and his mother have turned hostile, they have merely shown ignorance as to how the deceased died and even if the allegation of dowry has not been supported by the witnesses, this fact is not sufficient to prove the innocence of the applicant in respect of all the charges levelled against the applicant.
Without making any observations which may affect the merits of the case, this Court is of the considered view that the
aforesaid facts do not warrant exercise of discretion of this Court by enlarging the applicant on bail.
Accordingly, this bail application stands rejected.
(Subhash Vidyarthi,J.)
Order Date :- 5.4.2023 Preeti.
Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether a surname correction in a pay slip confirms the identity of the applicant in an election petition without corroboration.
Whether a valid affidavit can validate a defective election notice under Representation of People Act.
1 provisions across 1 enactments
Chandan
State Of U.P. And Anr.
Subhash Vidyarthi
As recorded by the court registry
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