Allahabad High Court
Ahalkar vs State Of U.P. on 13 November, 2019
Author: B. Amit Sthalekar
Bench: B. Amit Sthalekar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48948 of 2019 Applicant :- Ahalkar Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed seeking anticipatory bail in Case Crime No. 280 of 2019 under sections 498-A, 304-B, 323 I.P.C. and 3/4 D.P. Act Police Station Jaithra District Etah.
Perused the allegations made in the FIR as well as the order whereby anticipatory bail application has been rejected by the court below.
The submission of the learned counsel for the applicant is that the applicant is father-in-law of the deceased and it is not a case of dowry death rather it is a case of death by partial hanging and septicemia. It is further submitted that the applicant and his family admitted the deceased in the hospital and also tried their best to save her life but the informant has falsely implicated the entire family of the applicant.
On the other hand, learned A.G.A. opposed the prayer for anticipatory bail and submitted that there are serious allegation of cruelty with the deceased and she has also been beaten by the applicant and his family and there is no reason for false implication of the applicant.
Considering the facts and circumstances of the case, rival submissions of the learned counsel for the parties and also looking to the parameters as have been laid down by the Apex Court in the case of Siddharam Satlinagappa Mhetre V. State of Maharashtra and others, 2011 (1) SCC 694, no case for grant of anticipatory bail is made out.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 13.11.2019 o.k.