In a bail application during trial for dowry death allegations, the High Court found the applicant failed to discharge his burden regarding his wife's death in his matrimonial house and stayed within seven years of marriage.
The bail application was rejected; the applicant was not released on bail.
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:210088
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44361 of 2023
Applicant :- Ghanshyam @ Shiva Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Srivastava,Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Ranjeet Singh
Hon'ble Samit Gopal,J.
implicated in the present case. It is argued that the allegation regarding demand of dowry has come for the first time in the FIR. It is further argued that the deceased was found to have received a single ligature mark on her body and the cause of death is asphyxia as a result of antemortem hanging which is suggestive of suicide. It is argued that co-accused Kamlesh, Besaniya and Golu Devi @ Uma Devi have been granted bail by co-ordinate Benches of this Court vide orders dated 04.08.2023, 11.08.2023 and 16.08.2023 passed in Crl. Misc. Bail Application Nos. 33651 of 2023 (Kamlesh Vs. State of U.P.), 35580 of 2023 (Besaniya Vs. State of U.P.) and 27100 of 2023 (Golu Devi @ Uma Devi Vs. State of U.P.) respectively, copy of the orders are annexed as annexure 9 to the affidavit. He further argued that the applicant has no criminal history as stated in para 17 of the affidavit and is in jail since 06.04.2023.
Order Date :- 2.11.2023 M. ARIF
(Samit Gopal, J.)
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant should be released on bail during the trial in a dowry death case.
Whether the applicant has discharged the burden to prove foul play in his wife's death.
Whether this is a fit case for granting bail to the accused husband.
1 provisions across 1 enactments
Ghanshyam @ Shiva
State of U.P.
Samit Gopal
Mohammad Arif
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
