Held that bail was denied to the applicant in a murder case (Section 302 IPC) where he cremated his wife's body without informing the informant. A presumption of guilt under Section 106 of the Indian Evidence Act was applied due to his failure to provide a plausible explanation for the act.
The bail application was rejected.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7701 of 2023
Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
daughter was being tortured by applicant and others and, therefore, allegation with regard to demand of dowry appears to be vague.
released on bail.
Order Date :- 19.4.2023 Kumar Manish.
Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail could be granted to the applicant charged with murder under Section 302 IPC.
Whether the failure of the applicant to inform police before cremation allowed a presumption under Section 106 of the Indian Evidence Act.
5 provisions across 2 enactments
Rajendra
State of U.P.
Sameer Jain
Manish Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
