Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Krishan Pahal,J.
Raghvendra Singh Alias Prince – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
[1] List has been revised.
[2] Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Ms. Neeja Srivastava and Sri Dharmendra Singh, learned counsel for the applicant and Sri Ashutosh Yadav, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record.
[3] Applicant seeks bail in Case Crime No. 415 of 2023, under Sections 498A, 304B, 328 I.P.C. and Section 3/4 of the D.P. Act, Police Station Kotwali, District Fatehpur, during the pendency of trial.
PROSECUTION STORY:
[4] The marriage of the daughter of the informant was solemnized with the applicant as per Hindu rites on 22.02.2023 and enough pleasantries and gifts were exchanged in it. It is alleged that the applicant along with other family members is stated to have subjected his daughter to cruelty for demand of a Fortuner car as an additional dowry thereby had forcibly administered her some poisonous material in the night of 04/05.06.2023 at about 1:33 a.m. whereby she informed the said fact to her father, who rushed to the house of the in-laws of his daughter and took her to Sadar Hospital, Fatehpur whereby froth was coming up from her mo
Bail is a rule and imprisonment is an exception; the prosecution must prove its case beyond a reasonable doubt for bail denial.
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; clear evidence of incitement is required.
The court held that bail should not be granted where the evidence against the applicant, though circumstantial, warrants further investigation and lacks conclusive disproof.
The court emphasized the applicant's burden to provide a satisfactory explanation for the circumstances of the deceased's death, given the serious nature of the charges.
Bail granted despite dowry allegations due to lack of prior criminal history and circumstances of the case.
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 emphasized the necessity of a fair investigation and found insufficient evidence to deny bail, allowing the petitioner to be released under specific conditions.
Point of Law : Offence committed by the applicant is of serious nature, hence the applicant is not entitled for bail at this stage.
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
