In a criminal bail application regarding Sections 498-A and 304-B IPC, the court examined the plea of suicide amidst dowry allegations. Finding the defense to be a character assassination rather than convincing, the application was rejected.
The instant bail application filed by the applicant Sandeep Kumar Nishad is rejected.
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Neutral Citation No. - 2023:AHC:116426
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19183 of 2023
Applicant :- Sandeep Kumar Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Bind Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
and only due to this reason, some dispute arose between husband and wife and she committed suicide and fact of suicide is even evident form the post-mortem report of the deceased, which shows that she died due to ante-mortem hanging and her hyoid bone was found intact.
deceased, stands rejected .
Order Date :- 23.5.2023 Zafar
Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving dowry death allegations where the defense relies on suicide and character assassination of the deceased.
Whether the defense plea of suicide and character assassination of the deceased is convincing enough to grant bail.
Whether the court should reject the bail application given the abnormal circumstances of death within seven years of marriage.
Sandeep Kumar Nishad
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
