Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Raj Beer Singh,J.
Rajesh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Raj Beer Singh, J.
1. Supplementary affidavit filed by learned counsel for the applicant, in Court today, is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. The present bail application has been filed on behalf of the applicant in Case Crime No. 245 of 2023, under Sections - 498-A, 304-B I.P.C. and Section -3/4 of D.P. Act, Police Station - Shahi, District - Bareilly, with the prayer to enlarge the applicant on bail.
4. It has been argued by learned counsel for applicant that applicant is innocent and he has not committed any offence. The applicant is husband of deceased. The marriage of deceased with applicant has taken place about eight months prior to the incident. Only general allegations of dowry demand and harassment of deceased have been levelled against all the accused persons, including applicant. It was stated that deceased was a short tampered lady and she has committed suicide in fit of rage. In post-mortem report, except ligature mark, no other injury has been shown on the body of deceased and cause of death of deceased is ante-mortem hanging.
5. It is further submitted that during trial, the inf
Bail granted based on lack of supporting evidence from prosecution witnesses and absence of criminal history of the applicant.
Bail cannot be denied based solely on allegations without substantial evidence; the presumption of innocence prevails.
The absence of a viscera report and specific allegations of dowry demand, along with the applicant's clean criminal history, justified the granting of bail.
Bail granted despite dowry allegations due to lack of prior criminal history and circumstances of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
In a case of dowry death, the accused is entitled to bail if the allegations against him are general in nature and the prosecution has not shown any proximity of harassment with the suicide.
The court established that allegations of dowry death require clear and specific evidence of harassment and cruelty, and the absence of such evidence can lead to the granting of bail.
The court has the discretion to grant bail to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
