Nanhey v. State of U.P.
Case brief
What is this about?
High Court allowed bail to Nanhey, accused under IPC 498-A and Dowry Prohibition Act, noting arguments regarding mental trauma, hostile witnesses, and trial delay without adjudicating merits of the case.
What did the court decide?
Applicant released on bail on personal bond and two sureties with specific undertakings.
What the court decided
Neutral Citation No. - 2023:AHC:170907
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20362 of 2019
Applicant :- Nanhey Opposite Party :- State of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Ajay Bhanot,J.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 25 of 2019 at Police Station-Islamnagar, District-Budaun under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act. The applicant is in jail since 31.01.2019.
The bail application of the applicant was rejected by the learned trial court on 18.02.2019.
The following arguments made by Shri Safiullah, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Ms. Sujata Chaudhary, learned AGA from the record, entitle the applicant for grant of bail:
- The applicant is the second husband of the deceased.
- The applicant did not torture the deceased nor did he demand dowry.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a criminal case involving sections 498-A IPC and Dowry Prohibition Act.
Whether the arguments of the applicant, including lack of torture, hostile witnesses, and trial delay, entitle him to bail.
Parties & counsel
- applicant
Nanhey
Coram
Ajay Bhanot
Vandit Agrawal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/20362/2019
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