Dismissed

Gaurav v. State of U.P.

Allahabad HC15 Feb 2023BAIL/7094/2023

Case brief

AI extract

What is this about?

This bail application was rejected by the court. The applicant faced charges of dowry harassment and murder. The court held that the onus was on the applicant to explain the cause of death. The application was found devoid of merits and dismissed, with a direction for expeditious trial.

What did the court decide?

Bail application rejected; direction to decide the pending case expeditiously within one year.

Gaurav Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7094 of 2023

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Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Shri Anil Kumar Mishra, learned counsel for applicant and Shri V.K.S. Parmar, learned A.G.A. for the State.

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The present bail application has been filed by the applicant in Case Crime No.177 of 2021, under Sections 498A, 304B, 302, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Hastinapur, District Meerut with the prayer to enlarge him on bail.

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As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites about three years before her death. The applicant used to subject the deceased to cruelty for demand of dowry of Rs.5 lacs and thereby leading to her death not under normal circumstances on 09.09.2021.

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Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The applicant and the deceased had married each other out of love and it was converted into arrange marriage rather it was a love marriage. Learned counsel has further stated that out of the said wedlock, a baby girl was born and the said daughter has been left to lead a life of destitution and vagrancy. Learned counsel has further stated that the allegations in the FIR are per se false as it has been stated that the applicant has caused the death of the deceased person. As per autopsy report, the cause of death is hanging, thus the prosecution version stands falsified. Learned counsel has further stated that all the members of the family have been falsely implicated in the case. There is no criminal history of the applicant. The applicant is in jail since 11.09.2021.

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Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the deceased has died within the precincts of the house of the applicant within a period of three years of marriage. The applicant is the main accused person.

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The cause of death may be hanging, but the onus lies on the applicant to explain it and he has failed miserably to explain it, although he could not dispute the fact that the applicant has no criminal antecedents to his credit.

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After hearing learned counsel for the parties and going through the evidence on record, and also taking into consideration the fact that the deceased has expired within the precincts of the house of the applicant, I do not find it a fit case for grant of bail to the applicant.

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The bail application is found devoid of merits and is, accordingly, rejected .

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However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, preferably within a period of one year from the date of production of a certified copy of this order or as early as possible in view of the principle as has been laid down in the recent judgements of the Apex Court in the cases of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702 , if there is no legal impediment.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 15.2.2023

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Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Gaurav v. State of U.P.

Case brief

What is this about?

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Gaurav v. State of U.P.

Case brief

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