Vijay Bind v. State of U.P.
Case brief
What is this about?
In a bail application regarding alleged dowry death and suicide, the Allahabad High Court rejected the prayer and refused bail, holding that no case for bail was made out given the gravity of the charges and suspicious circumstances.
What the court decided
A compact analysis
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Neutral Citation No. - 2023:AHC:105782
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14103 of 2023
Applicant :- Vijay Bind Opposite Party :- State of U.P. Counsel for Applicant :- Pulak Ganguly,Ravi Bhushan Singh Counsel for Opposite Party :- G.A.,Ajeet Srivastava
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 634 of 2022, under Sections 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Ghazipur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that applicant is the husband of the deceased Preeti. The marriage of the applicant was solemnized with deceased on 04.06.2021 and she committed suicide on 29.12.2022. In the postmortem report except ligature mark no other injury was found on the person of the deceased. The hyoid bone was also found to be intact. It is submitted that as per the inspection of place of occurrence it was found that a bucket of 20 liters was there and it was informed that the bucket was used by the deceased to commit suicide. The door was locked from inside and it was opened thereafter. The deceased was of dominating nature and that applicant was not present at his house at the time of incident. It is submitted that the criminal history of the applicant is duly explained in para 3 of the supplementary affidavit, which is taken on record. It is further submitted that applicant is languishing in jail since 27.04.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail while charges involve dowry death.
Whether the suspicion of foul play in the suicide case prevents bail.
Parties & counsel
- applicant
Vijay Bind
- respondent
State of U.P.
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/14103/2023
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