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1999 Supreme(All) 67
IN THE HIGH COURT OF ALLAHABAD
M. L. SINGHAL
SHIV KUMAR - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
MISC. BAIL APPLN. 47 Of 1999
Decided On : 01/25/1999
Important Points
Subject
Criminal Law - Dowry Death
Act Referred
DOWRY PROHIBITION ACT : S.3, S.4
INDIAN PENAL CODE : S.498(a), S.304(b)
Headnote
Bail - Dowry Death - Summary
Fact of the Case:
The accused-applicant, husband of the deceased, was alleged to have set fire to the deceased resulting in her death due to dowry demand. However, there was no evidence of cruelty or harassment soon before her death.
Finding of the Court:
The court found that the acts of the accused were inconsistent with his guilt, as there was no evidence of cruelty or harassment soon before the deceased's death.
Issues: Alleged dowry death, demand of dowry, and lack of evidence of cruelty or harassment soon before the deceased's death.
Ratio Decidendi: The court considered the lack of evidence of cruelty or harassment soon before the deceased's death as inconsistent with the guilt of the accused.
Final Decision: The accused-applicant was granted bail on furnishing a personal bond and sureties to the satisfaction of the Chief Judicial Magistrate.
ONKAR SINGH
( 1 ) I have heard the learned counsel for the accused-applicant and the learned A. G. A. for the State.
( 2 ) IT is alleged that on 31-5-1998 the accused- applicant, husband of the deceased, along with his father and mother, on account of dowry demand set fire to the deceased resulting in her death. Undisputedly, the marriage took place 4-5 years before. There are several allegations of demand of dowry. There is no evidence that soon before her death the deceased was subjected to cruelty or harassment by the applicant or his any relative in connection with the demand of dowry. The recitals in the First Information Report state that the applicant himself admitted the deceased in the hospital. The allegations in the FIR also show that the parents of the deceased were duly informed. The aforesaid acts of the accused are inconsistent with the guilt of the accused-applicant.
( 3 ) THE accused-applicant Shiv Kumar in Case Crime No. 95 of 1998 under Section 498-A/304-B, I. P. C. and 3/4, Dowry Prohibition Act, P. S. Bhopa, District Muzaffarnagar shall be admitted to bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned. Petition allowed.
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