Dismissed

Arvind @ Anil v. State of U.P.

Allahabad HC6 Jul 2023BAIL/24483/2023

Case brief

AI extract

What is this about?

The Allahabad High Court rejected a bail application filed by the applicant, who is the husband of the deceased. The court held that the wife died within three years of marriage under abnormal circumstances involving dowry allegations, and the applicant failed to provide medical documents to support his defense that the deceased committed suicide due to uterine problems.

What did the court decide?

Bail application rejected. Applicant not entitled to release on bail.

Arvind @ Anil Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:133503

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24483 of 2023

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Applicant :- Arvind @ Anil Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Arvind Singh, learned counsel for the applicant and Sri Ghanshyam Mishra, learned brief holder for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 82 of 2022, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station- Pannuganj, District- Sonbhadra, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant and his parents and according to the FIR, marriage of the applicant was performed with the deceased on 12.05.2019 and after marriage, applicant along with his family members tortured her for want of Rs. 50,000 and on 03.08.2022, they have committed the murder of the deceased i.e. daughter of the informant.

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Learned counsel for the applicant submitted that applicant is although, husband of the deceased but he neither demanded any dowry nor he ever tortured the deceased and only being husband of the deceased, he has been made accused in the present matter. He further submitted that from the post-mortem report of the deceased, it appears that deceased committed suicide as cause of death is ante-mortem hanging. He further submitted that as three years of her marriage had passed but deceased could not conceived and according to the doctor, she was having some problem in the uterus, therefore, she committed suicide.

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Per contra, learned AGA opposed the prayer for bail and submitted that applicant is the husband of the deceased and his wife died within three years of her marriage under abnormal circumstances and there is also allegation of demand of dowry and

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there is no medical document on record, which can suggests that deceased was having some problem in her uterus.

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I have heard learned counsel for the parties and perused the record of the case.

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Applicant is the husband of the deceased and his wife died within three years of her marriage under abnormal circumstances and there is also allegation of demand of dowry.

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Further, applicant in paragraph no. 17 of the affidavit averred that deceased committed suicide as doctor diagnosed some problem in her uterus but along with the instant bail application, no medical document has been appended, which could strengthen the defence taken by the applicant in paragraph no. 17 of the affidavit.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant, who is husband of the deceased, is not entitled to be released on bail.

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Accordingly, the instant bail application is rejected .

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 6.7.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Arvind @ Anil v. State of U.P.

Case brief

What is this about?

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Arvind @ Anil v. State of U.P.

Case brief

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