Gavendra v. State of U.P.
Case brief
What is this about?
Criminal miscellaneous bail application filed by Gavendra under Sections 498-A, 304-B IPC and 3/4 DP Act. Court allowed bail after considering applicant's claim of innocence and lack of criminal history.
What did the court decide?
Applicant released on bail by furnishing personal bond and two local heavy sureties each.
What the court decided
Neutral Citation No. - 2023:AHC:118176
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27888 of 2020
Applicant :- Gavendra Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Mayank Kumar Jain,J.
Heard the learned counsel for the applicant, Sri. S.K. Ojha, the learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 245 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Sahawar, District Kasganj with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that the applicant is the husband of the deceased Pinki who was married with the applicant prior to four years before the incident. The wife of the applicant was under deep depression and frustration for the reason that even after four years of the wedlock no issue was born so she consumed poison. It is further submitted that the applicant himself informed the control room about the death of deceased Pinki. It is also submitted that during four years of marriage no complaint was ever made against the applicant about demand of additional dowry or treating his wife with cruelty. It is further submitted that all witnesses of fact has already been examined. Lastly it is submitted that applicant is languishing in jail since 22.09.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Sections 498-A, 304-B IPC and Section 3/4 DP Act.
Whether the applicant has made out a prima facie case for bail given his innocence claim and lack of criminal history.
Parties & counsel
- applicant
Gavendra
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/27888/2020
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