This judgment rejects a bail application filed by a husband accused of dowry death. The court found the death unnatural given the deceased was pregnant, concluding bail is not a fit case at the trial stage before three prosecution witnesses were examined.
Bail application rejected.
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:194748
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48110 of 2021
Applicant :- Chaman Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Singh,Ravi Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
1. List revised.
marriage between the deceased and the applicant. It is further argued that Badan Singh the uncle of the deceased was examined as PW-2 and further Jagdish Singh the uncle of the deceased was examined as PW-3, the said two witnesses have not supported the prosecution case and have been declared hostile, the said the statements have been placed before the Court which are annexure R.A.-1 to the rejoinder affidavit dated 19.08.2023. It is argued that looking to the statement of the first informant, the statement of the other two witnesses recorded before the trial court and also the postmortem examination report of the deceased wherein the doctor found a ligature mark on her body and has specifically stated that there is no other injury seen on it and the cause of death opined as asphyxia as a result of antimortem hanging it is a case of suicide. It is argued while placing para 25 of the affidavit in support of the bail application that as a matter of fact the deceased wanted to go to her parental house and was insisting the applicant to accompany with her but the applicant due to his profession, refused and showed his inability due to which she became annoyed and committed suicide. He further argued that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 07.06.2020.
Order Date :- 10.10.2023 M. ARIF
(Samit Gopal, J.)
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for bail during the trial stage given the nature of the offence and circumstantial evidence.
Whether the available evidence indicates the applicant's false implication in a death by suicide case involving dowry allegations.
2 provisions across 2 enactments
Chaman
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
