Zubair v. State of U.P.
Case brief
What is this about?
In Criminal Misc. Bail Application No. 25926 of 2020, the Allahabad High Court rejected a bail application filed by a husband in a CSA case alleging dowry death. The court found that the death occurred shortly after marriage in the matrimonial home, rendering it unfit for bail.
What did the court decide?
Bail application rejected; applicant to remain in custody.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:137780
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25926 of 2020
Applicant :- Zubair Opposite Party :- State of U.P. Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
- Heard Ms. Sonakshi Arora, holding brief of Shri Araf Khan, learned counsel for the applicant, Shri Ajay Singh, learned counsel for the State and perused the materials on record.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Zubair, seeking enlargement on bail during trial in connection with Case Crime No. 147 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, registered at P.S. Chhata, District Mathura.
- The applicant is the husband of deceased Amina. The marriage of the deceased was solemnized with the applicant on 25.11.2018. She died on 10.05.2019. The first information report was lodged on 11.05.2019 by Buddhi, father of the deceased, with the allegations that there was a demand of Rs.2,00,000/- as dowry due to which she was used to be beaten and tortured. On the day of occurrence, he received information with regard to death of his daughter.
Issues for consideration
2 issues framed by the court
Whether the applicant, husband of the deceased in a dowry death case, is eligible for bail.
Whether the postmortem report indicating suicide and locked door negates prima facie negligence in implicating the husband.
Parties & counsel
- applicant
Zubair
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/25926/2020
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