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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Krishan Pahal,J.
Raghvendra Singh Alias Prince – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. allegations of dowry-related cruelty leading to death. (Para 4 , 5) |
| 2. arguments for applicant's false implication and suicide theory. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. opposition to bail based on evidence retrieval issues. (Para 19 , 20 , 21 , 22 , 24) |
| 4. legal principles governing bail and presumption of innocence. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. court grants bail with conditions emphasizing trial integrity. (Para 32 , 33 , 34 , 35) |
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
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 is a rule and imprisonment is an exception; presumption of innocence must be upheld unless proven guilty.
Bail granted despite dowry allegations due to lack of prior criminal history and circumstances of the case.
A dying declaration is admissible and reliable evidence if it is recorded promptly and there are no allegations of tutoring.
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