RAJEEV MISRA
Sunil Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Mr. Jawahir Yadav, the learned counsel for applicant, the learned A.G.A. for State and Mr. R.P.S. Chauhan, along with Anand Yadav, learned Advocate, holding brief of Mr. Kailash Nath, the learned counsel representing first informant.
2. Perused the record.
3. This application for bail has been filed by the applicant, Sunil Gupta seeking his enlargement on bail in Case Crime No.227 of 2021, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station- Sarpataha, District- Jaunpur, during the pendency of trial.
4. It transpires from record that marriage of the applicant namely, Sunil Gupta was solemnized with Sandhya on 27.04.2016 in accordance with Hindu Rites and Customs. From the aforesaid wedlock, initially a son namely, Om was born who is now aged about 04 years. Subsequently, a daughter namely, Nandani was born who is now said to be aged about one year and six months.
5. After expiry of a period of much more than five years and six months from the date of marriage of applicant, an unfortunate incident occurred on 24.12.2021, in which the wife of applicant namely, Sandhya died as she committed suicide by hanging herself. The information regarding
Rejection of Bail – Dowry death – Abatement of suicide – Death within seven years of marriage – Adverse presumption – Aspect of the deceased suffering from depression that is sought to be brought for....
The court reinforced that a presumption under Section 113A must be drawn against a husband when a wife commits suicide within seven years of marriage, amid allegations of dowry harassment.
The court considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.
The judgment emphasizes the importance of establishing a prima facie case and the right to personal liberty, especially in cases involving allegations of dowry demand and cruelty.
The main legal point established in the judgment is the consideration of allegations of dowry demand, mental cruelty, and the impact of supplementary statements on a bail application.
The main legal point established is the presumption of innocence until proven guilty, the principle that bail is the rule and jail is the exception, and the need to avoid undue hardship from detentio....
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