High Court rejected bail for an accused husband in a dowry death case under Sections 498-A and 304-B IPC. The Court held that the failure to discharge the burden of proof regarding the unnatural death of the wife six months after marriage made the applicant unfit for bail.
Bail application rejected; applicant not released on bail.
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Neutral Citation No. - 2023:AHC:135792
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23080 of 2021
Applicant :- Sanjeev Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Manish Dev,Kripa Shanker Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
did not furnish any explanation of it. It is argued that the deceased under the influence of the informant was causing pressure upon the applicant for living separately but the same was refused due to which she became annoyed and committed suicide. He further argued that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 31.12.2020.
Order Date :- 10.7.2023 M. ARIF/e-file
(Samit Gopal, J.)
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving dowry death where the deceased died six months after marriage.
Whether the burden of proof regarding the cause of death of the wife in the matrimonial house has been discharged by the accused husband.
2 provisions across 2 enactments
Sanjeev
State Of Uttar Pradesh
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
