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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Deepak – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Heard Sri Pratap Kanchan Singh, learned counsel for the applicant, Sri Umesh Kumar, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 291 of 2024, under Sections 80, 85 BNS & 3/4 D.P. Act, Police Station-Kotwali, District-Muzaffar Nagar, during pendency of the trial in the court below.
3. FIR of the present case was lodged on 05.07.2024 against applicant under Section 108 BNS and according to FIR, marriage of the applicant was solemnized with the daughter of the informant on 07.03.2024 and after marriage, applicant used to made assault upon her and due to this reason, on 05.07.2024, she committed suicide.
4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged only under Section 108 BNS and there was no allegation of demand of dowry in the FIR but during investigation, when the second statement of the informant was recorded then he changed his earlier version and stated that due to demand of dowry, deceased committed suicide and thereafter, case was converted under Se
Bail granted despite dowry allegations due to lack of prior criminal history and circumstances of the case.
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.
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
The court granted bail to the accused in a dowry death case, citing insufficient evidence and the prolonged trial process as justifications.
The court granted bail based on the lack of support from key prosecution witnesses, indicating a weak case against the petitioner.
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.
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.
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