Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Subhash Chandra Verma – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 669 of 2024, under Sections 108, 352, 351(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station Handia, District Prayagraj during pendency of the trial.
3. FIR of the present case was lodged against applicant and his family members and according to the FIR marriage of the applicant was solemnized with the daughter of the informant on 11.06.2017 and after marriage applicant and his family members used to torture her for dowry and on 23.11.2024 they informed the informant that his daughter fell ill and he should come to the hospital and during treatment on 24.11.2024 his daughter died.
4. Learned counsel for the applicant submits, however, applicant is husband but on the basis of false allegation of demand of dowry and torture he has been made accused in the present matter.
5. He further submits, as per allegation, due to the abatement of the applicant his wife committed suicide but except the bald and verbal allegation of demand of dowry there
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 to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
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.
Bail granted based on lack of supporting evidence from prosecution witnesses and absence of criminal history of the applicant.
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.
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
