The Allahabad High Court, in an anticipatory bail application, rejected the plea by the applicant named in a dowry death case involving allegations of torture and death during delivery, holding it not to be a fit case for anticipatory bail under Section 438 CrPC.
The application for anticipatory bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11444 of 2022 Applicant :- Mitthan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
(i) The applicant is named in the FIR imputing direct allegations against
him;
(ii) There is no evidence to show that she died in the hospital, in fact the inquest was done in their own house;
(iii) The deceased, just before her death, complained to her brother as to the fact of not providing medical assistance which she needed the most and because of extreme carelessness and disinterest shown by them in the background of demand of dowry and in the background of allegations of torture and harassment, the death has been caused. Therefore, it is argued that the case definitely comes within the definition of Section 304-B IPC;
(iv) Mere presence of a clinical tape cannot be taken as an evidence of medical treatment at the hospital, further no medical papers have been filed on behalf of the applicant to show that she was being properly taken care of by providing timely medical help;
(v) It is also pointed out that against rest of the two accused persons namely, Yashveer and Satyavati charge sheet has been filed and investigation is pending against the present applicant because he was not available for interrogation.
9. It is made clear that observations made herein shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.
Order Date :- 18.1.2023 #Vikram/-
Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present case constitutes a fit case to grant anticipatory bail under Section 438 Cr.P.C. given the allegations of dowry death and torture under Section 304-B IPC.
6 provisions across 3 enactments
Mitthan
State of U.P.
Jyotsna Sharma
Vikram Gupta
As recorded by the court registry
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