Anil v. State of U.P.
Case brief
What is this about?
The court rejected a bail application filed by a brother-in-law accused of attempting to burn the victim due to dowry demand. The court held that specific allegations in victim statements, corroborated by medical evidence of burns, preclude bail despite superficial injuries or parity with another arrested sister-in-law.
What did the court decide?
The bail application filed by the applicant Anil is rejected; he is not entitled to release on bail.
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.
Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56257 of 2022
Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Gautam Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Sri M.P.Yadav, learned counsel stated that he has filed his power on behalf of the applicant in the office of this Court on 27.1.2023 but his name could not be shown in the cause list.
Heard Sri M.P.Yadav, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State.
The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.196 of 2022, under Sections 498A, 307, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Barahapur, District Bijnor during pendency of the trial.
According to the FIR applicant is the Nandoi of the victim and he along with the husband of the victim and other family members ablazed the victim due to want of additional dowry.
Learned counsel for the applicant submitted that admittedly applicant is brother-in-law (Bahnoi) of the victim and, therefore, he is having no concern with the family affairs of the victim and he has been implicated in the present matter along with his wife only due to the reason that he and his wife are the close family members of the husband of the victim. He further submitted that during investigation the complicity of his wife, namely, Maya, i.e., married sister-in-law of victim was found false and she was exonerated by the Investigating Officer.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a bail application moved against allegations under Section 307 IPC in a dowry death/attempted murder case.
Whether the applicant can claim parity with a co-accused sister-in-law who has been released on bail.
Parties & counsel
- applicant
Anil
- respondent
State of U.P.
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/56257/2022
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