Deendayal Kashyap v. State of U.P.
Case brief
What is this about?
Court rejected bail application in a case under Sections 498-A, 304-B IPC where deceased daughter-in-law died within four months of marriage. Due to suspicious circumstances and injuries found, no case for bail was made out.
What did the court decide?
Bail prayer was rejected; application dismissed.
What the court decided
A compact analysis
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16947 of 2023
Applicant :- Deendayal Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Kashyap Counsel for Opposite Party :- G.A.,Satish Chandra Dubey
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, Sri Jai Singh Yadav holding brief of Sri Sri Satish Chandra Dubey, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 616 of 2022, under Sections 498-A, 304-B, 323, 506, 34 of IPC and 3/4 D. P. Act, Police Station Fareedpur, District Bareilly 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 being father-in-law of the deceased Renu. It is further submitted that marriage of Renu (deceased) was solemnized with the son of the applicant namely Sachin on 20.06.2022 and she committed suicide on 16.10.2022 as she did not want to live with the son of the applicant. It is further submitted that son of the applicant was suffering from dengue and he was under treatment. On the date of incident the applicant was busy at the hospital. A truce copy of the blood test report of son of the applicant has been filed with the bail application and annexed as Annexure No. 7. It is further submitted that as per the post-mortem report of the deceased cause of death was asphyxia due to ante-mortem hanging. It is further submitted that applicant is languishing in jail since 30.11.2022 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.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the accused father in a case involving the death of his daughter-in-law under Sections 498-A and 304-B IPC.
Whether the presence of suspicious circumstances and excessive injuries found during post-mortem creates a vindictive circumstances scenario warranting bail rejection.
Parties & counsel
- applicant
Deendayal Kashyap
- 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/16947/2023
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