Dismissed

Ashish Kumar Kushwaha @ Pintu v. State of U.P.

Allahabad HC16 May 2023BAIL/16327/2023

Case brief

AI extract

What is this about?

Bail application rejected in a dowry death case where the court found the applicant failed to explain how the deceased sustained injuries or why she committed suicide despite intact hyoid bone, denying bail due to death within seven years of marriage.

What did the court decide?

Bail application rejected; applicant not entitled to release on bail.

Ashish Kumar Kushwaha @ Pintu Vs State of U.P. — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:105748

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16327 of 2023

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Applicant :- Ashish Kumar Kushwaha @ Pintu Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Jitendra Prasad Mishra, learned counsel for the applicant and Sri Tanay Kumar, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 203 of 2022, under Sections 498A, 304B, 506 IPC and 3/4 D.P Act, Police Station Girwan, District Banda, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant and his two family members and according to the FIR, marriage of the applicant was performed with the sister of the informant on 24.2.2019 and after marriage, applicant often made assault upon his wife and also demanded dowry of Rs. Two lacs and on 9.8.2022, applicant after beaten the deceased hanged her.

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Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant neither tortured the deceased nor he ever demanded any dowry. He further submitted that actually, some dispute with regard to money arose between husband and wife and applicant is a poor vegetable seller, therefore, he could not fulfil the demand of money made by the deceased and thereafter he scolded her and only due to this reason, deceased committed suicide and thereafter, on the basis of false allegation, FIR of the present case was lodged.

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He further submitted that even post mortem of the deceased suggests that she died due to hanging and her hyoid bone was found intact, however, number of injuries were noticed by the doctor on the body of the deceased but as some scuffle took place between husband and wife, therefore, it appears that between quarrel with her husband, deceased sustained injuries and applicant was not having any intention either to abate for

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suicide or to commit her murder. He further submitted that applicant is in jail in the present matter since 13.8.2022.

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Per contra, learned AGA opposed the prayer for bail and submitted that wife of the applicant died within seven years of marriage under abnormal circumstances and there is also allegation of demand of dowry and post mortem report suggests that deceased sustained several contusions, therefore, applicant should not be released on bail.

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I have heard learned counsel for the parties and perused the record of the case.

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Applicant is husband of the deceased and his marriage was performed with the deceased in the year 2019 and there is also allegation of demand of dowry. Although, post mortem suggests that deceased died due to hanging and her hyoid bone was also found intact but from the autopsy report of the deceased, it reflects that deceased sustained number of injuries on her person and no good reason could brought by applicant on record that why his wife committed suicide and how she sustained number of injuries on her person.

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As applicant is husband and his wife died within seven years of her marriage under abnormal circumstances, therefore, in my view, applicant is not entitled to be released on bail.

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Accordingly, the instant bail application stands rejected .

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 16.5.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Ashish Kumar Kushwaha @ Pintu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashish Kumar Kushwaha @ Pintu v. State of U.P.

Case brief

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What did the court decide?

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