Dismissed

Nadeem @ Kalu v. State of U.P.

Allahabad HC8 May 2023BAIL/16800/2023

Case brief

AI extract

What is this about?

The Allahabad High Court rejected a bail application filed by Nadeem @ Kalu in a matrimonial cruelty case involving Sections 304-B and 498-A of the IPC and the Dowry Prohibition Act. The court found no case for bail based on the nature of allegations, the gravity of the offence, and the fact that the deceased died within two and a quarter years of marriage.

What the court decided

AI extract

Nadeem @ Kalu Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:98260

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16800 of 2023

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Applicant :- Nadeem @ Kalu Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Singh,Ritesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, Sri S. K. Ojha, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 313 of 2022, under Sections 304-B, 498-A of IPC and 3/4 D P. Act, Police Station Katra, District Shahjahanpur with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case being husband of the deceased Tabassum who got married with the applicant in the year 2020. It is further submitted that incident took place on 13.07.2022 while the first information report of the aforesaid incident lodged on 28.07.2022. It is further submitted that deceased herself set ablaze on fire. It is further submitted that prior to her death, the dying declaration of the deceased was recorded wherein she had not assigned any role to the applicant. It is further submitted that deceased was admitted in the hospital by the applicant. It is further submitted that co-accused Noorjahan, mother-in-law of the deceased has already been granted bail by this Court vide order dated 28.04.2023 passed in Criminal Misc. Bail Application No. 16797 of 2023. It is further submitted that applicant is languishing in jail since 24.11.2022 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.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail by contending that deceased died within two years and four months of her marriage at the house of the applicant on account of burn injuries sustained by her. It is further contended that during post-mortem of the dead body of the deceased, superficial deep burn injuries were found.

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Considering the rival submissions of learned counsel for the parties, nature of allegations, gravity of offence and the fact that deceased died within two years and four months of her marriage in the house of the applicant on account of superficial deep burn injuries, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected.

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Any observation made above shall not be treated as any finding on the merits of the case and shall not prejudice the trial in any manner.

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Order Date :- 8.5.2023 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Nadeem @ Kalu v. State of U.P.

Case brief

What is this about?

What the court decided

Nadeem @ Kalu v. State of U.P.

Case brief

What is this about?

What the court decided

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