Dismissed

Hemendra v. State of U.P.

Allahabad HC10 Mar 2025BAIL/2309/2025

Case brief

AI extract

What is this about?

Bail rejected; dowry death; Sections 498A and 304B IPC; Sections 3/4 Dowry Prohibition Act; husband of deceased; ante-mortem hanging; death within precincts of applicant's house; trial at conclusive stage; seven witnesses examined; no criminal history; in jail since 13.06.2023; expeditious trial direction; Vinod Kumar v. State of Punjab 2015 (3) SCC 220; Hussain v. Union of India (2017) 5 SCC 702;

What did the court decide?

No relief by way of bail; the application was rejected, with a direction to the trial court to decide the pending case expeditiously in view of the principles in Vinod Kumar v. State of Punjab and Hus

Hemendra vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:110529

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2309 of 2025

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Applicant :- Hemendra Opposite Party :- State of U.P. Counsel for Applicant :- Prabhakar Pal,Rajesh Kumar Singh 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 Sri Prabhakar Pal, learned counsel for applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

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The present bail application has been filed by the applicant in Session Case (S.C.) No.757 of 2023 arising out of Case Crime No.110 of 2023, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station Sidhpura, District Kasganj with the prayer to enlarge him on bail.

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Learned counsel for the applicant has stated that the applicant is the husband of the deceased person and has nothing to do with the said offence. There are general and omnibus allegations against all the accused persons. The cause of death was found to be asphyxia as a result of ante-mortem hanging.

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Learned counsel for the applicant has further stated that seven witnesses of fact have been examined and there is no likelihood of applicant tampering with evidence. There is no criminal history of the applicant. The applicant is in jail since 13.06.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application on the ground that the deceased had expired within the precincts of the house of the applicant only.

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After hearing learned counsel for the parties and taking into consideration the facts that the applicant is the husband of the

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deceased person and the deceased had expired within the precincts of the house of the applicant only coupled with the fact that the trial is at its conclusive end, 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 as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme 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 :- 10.7.2025 (Ravi Kant)

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(Justice Krishan Pahal)

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

Hemendra v. State of U.P.

Case brief

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Hemendra v. State of U.P.

Case brief

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