Kamal Kishore v. State of U.P.
Case brief
What is this about?
Kamal Kishore v. State of U.P., Criminal Misc. Bail Application No. 1967 of 2023, High Court of Judicature at Allahabad, decided 17.4.2023 by Umesh Chandra Sharma, J. Bail sought in Sessions Trial No. 25 of 2021 under Sections 498-A and 302 IPC concerning the death of the applicant's wife; applicant in jail since 26.03.2021; PW-1 and PW-2 had deposed, formal witnesses' evidence pending; defence invoked Section 313 CrPC (power to examine the children as witnesses at any stage); State relied on Section 106 Evidence Act (duty to explain unnatural death in the house, absence of any FIR by the applicant); court held the death was unnatural, no FIR was lodged by the applicant, the burden of explaining the circumstances lay on the applicant, and dismissed the bail application.
What did the court decide?
The court was of the view that the applicant/accused has not been in jail for a long time, and that testimony has been recorded only of these witnesses, the recording of the remaining evidence (including medical evidence) still being pending.