Dismissed

Ramesh Chandra v. State of U.P. and Another

Allahabad HC21 Aug 2023BAILC/372/2019

Case brief

AI extract

What is this about?

Single judge dismissed a bail cancellation application filed by the informant seeking to cancel the bail of the accused, the wife of the deceased in a dowry death case, noting no specific grounds and a four-year delay in filing. The court observed that bail was granted after considering facts during the initial stage.

What did the court decide?

Bail cancellation application regarding recourse to the opposite party no.2 was dismissed.

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

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Neutral Citation No. - 2023:AHC:167923

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 372 of 2019

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Applicant :- Ramesh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Mishra,Ram Govind Counsel for Opposite Party :- G.A.,Ajay Kr. Srivastava,Sanjay Kr. Srivastava

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Ram Govind, learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned counsel for the opposite party no.2 and Sri Shatruhan Yadav, learned AGA for the State.

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The instant bail cancellation application has been filed by the applicant with a prayer to cancel the bail of opposite party no.2 in Case Crime No. 393 of 2019, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Rasulabad, District Kanpur Dehat.

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Learned counsel for the applicant submitted that this is bail cancellation application and applicant is informant of the case and he filed the instant bail cancellation application to cancel the bail granted to opposite party no.2 i.e. Jethani of the deceased.

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He further submits that actually within one and half months of marriage deceased died under abnormal circumstances and in spite that court concerned very casually granted bail to the opposite party no.2. He further submits that it is a case of Section 304B IPC and there is allegation of demand of dowry also against opposite party no.2 and her other family members, therefore, bail granted to opposite party no.2 be cancelled.

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Per contra, learned AGA as well as learned counsel for the opposite party no.2 opposed the prayer for cancellation of bail and submitted that opposite party no.2 is Jethani of the deceased and only general allegation has been made against her and after

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considering the entire facts and circumstances of the case bail was granted and there is no reason on record on the basis of which the bail should be cancelled.

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I have heard learned counsel for the parties and perused the record of the case.

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The instant bail cancellation application is pending since the year 2019 i.e. for almost four years and from the record it reflects that applicant i.e. informant of the case made a prayer to cancel the bail granted to opposite party no.2 i.e. Jethani of the deceased and there is no specific allegation against her and it appears that after considering the entire facts of the case court concerned granted bail to opposite party no.2, therefore, I find no good ground on the basis of which bail granted to opposite party no.2 can be cancelled after four years.

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Therefore, considering the facts and circumstances of the case discussed above, the instant bail cancellation application is dismissed.

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Order Date :- 21.8.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Ramesh Chandra v. State of U.P. and Another

Case brief

What is this about?

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Ramesh Chandra v. State of U.P. and Another

Case brief

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