Ashish v. State of U.P.
Case brief
What is this about?
The High Court allowed a bail application for Ashish, accused in a dowry harassment and death of wife case, finding he established innocence through hostile prosecution witnesses and lack of criminal history.
What did the court decide?
Released on bail by furnishing a personal bond and two heavy local sureties subject to compliance with bond conditions.
What the court decided
Neutral Citation No. - 2023:AHC:131613
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2037 of 2023
Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Singh,Neha Rani,Raghvendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
- Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
- It has been argued by learned counsel for the applicant that the applicant is the husband of the deceased, who is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statement of P.W.1, P.W.2 and P.W. 3 were recorded and they were declared hostile by the learned trial Court, copy of their statements are annexed collectively as Annexure-SA1 to the supplementary affidavit. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose
Issues for consideration
2 issues framed by the court
Whether the applicant has made out a case for bail by demonstrating innocence and lack of flight risk.
Whether the factors of hostile witness statements and passage of time justify bail in a 498A/304B case.
Parties & counsel
- applicant
Ashish
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/2037/2023
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