Bablu v. State of U.P.
Case brief
What is this about?
The Allahabad High Court allowed a bail application filed by Bablu, the father-in-law of the deceased, accused in a case involving dowry harassment and death by hanging. The court found no possibility of flight or tampering with evidence.
What did the court decide?
Allowed bail on personal bond and two sureties subject to conditions of cooperation and no tampering with evidence.
What the court decided
Neutral Citation No. - 2023:AHC:128246
Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21394 of 2023
Applicant :- Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.,Om Prakash Katiyar,Shahnawaz Akhtar
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant, learned Government Advocate for the State, learned counsel for the informant and perused the record of the present bail application.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 209 of 2023, under Sections 498-A, 304-B, 201, IPC and 3/4 of Dowry Prohibition Act, Police Station Sahaswan, District Budaun, during pendency of the trial.
It has been contended by learned counsel for the applicant that the applicant is fahter-in-law of the deceased and has been falsely implicated in the present case. There are general allegations of demand of dowry against the applicant. It is further submitted that as per post-mortem report, the cause of death is asphyxia due to ante-mortem hanging. It is a case of suicide and there is no other ante-mortem injury. It has also been submitted that accusedapplicant has no criminal history except the present case as explained in para 19 of the affidavit of bail application. There is no possibility of either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 17.4.2023 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Issues for consideration
1 issue framed by the court
Whether bail is a fit case for the applicant accused under Sections 498-A, 304-B IPC and Dowry Prohibition Act.
Parties & counsel
- applicant
Bablu
- respondent
State of U.P.
Coram
Nand Prabha Shukla
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/21394/2023
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