The Allahabad High Court dismissed a second bail application under Section 439 CrPC by Vijay Singh, convicted in a dowry death case. Despite conflicting dying declarations, the court found the case strong based on the FIR and refused 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:199590
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 60022 of 2022
Applicant :- Vijay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Pandey,Pradeep Chauhan,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
1. List revised.
given cash, jewellery and house hold articles but the accused persons were not happy with it and were pressurizing his sister to bring extra dowry of Rs.3,000,00/-. His sister told her parents about it, after which they went to her matrimonial house and tried to console the family members but they did not mend their ways. They used to torture and harass his sister. On 20.02.2020 at about 08:00 p.m. Shimlesh ( Nand) of the deceased called the father of the informant and told him that Puja has set herself on fire and has been taken to Agra. After receiving the information, her parents and other family members and relatives reached the matrimonial house of Puja and then it came to be known that her in-laws assaulted her badly and set her on fire after pouring petrol on her and then have taken her to the hospital in Agra Emergency. They reached Agra Emergency, where Puja told him that the accused persons with an intention to murder her set her on fire. She is being treated in Delhi. She is aged about 22 years.
applicant for treatment, which can be seen from various documents of the hospital.
Order Date :- 16.10.2023
Zafar
(Samit Gopal,J.)
Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a second application considering the prima facie case of burning causing death.
Whether conflicting dying declarations indicate false implication warranting bail.
Whether the nature of the crime and evidence preclude release on bail.
1 provisions across 1 enactments
Vijay Singh
Samit Gopal
Mohammad Zafar Ansari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
