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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Suresh Chandra – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Supplementary affidavit filed by applicant is taken on record.
2. Heard Sri Purushottam Dixit, learned counsel for the applicant, Sri Arun Kumar Pal, learned counsel for the informant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 449 of 2023, underSection 304 IPC & 15(2), 15(3) Indian Medical Council Act, Police Station-Palimukeempur, District-Aligarh, during pendency of the trial in the court below.
4. FIR of the present case was lodged on 21.11.2023 against applicant and his wife under Section 304 IPC and according to FIR, when bhabhi of the informant was in her family way then on 09.11.2023 on the instigation of applicant and his wife, informant admitted her in their hospital and on 09.11.2023, she delivered a child but thereafter her condition was started deteriorating and on 09.11.2023 she was discharged from the hospital of applicant and on 20.11.2023, when informant and others were taking her to Aligarh for treatment then on the way she died. It is further mentioned in the FIR that applicant and his wife were not the qualif
Bail is a rule, and rejection is an exception; the presumption of innocence and absence of criminal history justify granting bail in cases of alleged medical negligence.
The court ruled that the totality of evidence, including the FIR and dying declaration, suggested the applicant's involvement in the crime, justifying the rejection of bail.
Bail may be granted when the applicant is not named in the FIR, lacks a criminal history, and demonstrates willingness to cooperate in trial proceedings.
Bail should not be denied for punitive purposes, and the presumption of innocence must be upheld, particularly when evidence does not conclusively link the accused to the crime.
Bail is a rule, not an exception; an accused is presumed innocent until proven guilty, necessitating specific allegations for denial of bail.
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 emphasized that mere allegations of harassment are insufficient for abetment of suicide; clear evidence of incitement is required.
Evidence of cruelty or dowry demands must substantiate claims under Section 304B IPC for bail considerations, particularly in cases involving unnatural death within seven years of marriage.
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