Allahabad High Court
Vijay Rai vs State Of U.P. on 21 January, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54027 of 2019 Applicant :- Vijay Rai Opposite Party :- State of U.P. Counsel for Applicant :- Amrendra Pratap Singh,Saurabh Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Amrendra Pratap Singh, learned counsel for the applicant and Sri Pankaj Mishra, learned brief holder for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Vijay Rai, seeking enlargement on bail involved in Case Crime No. 90 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Taryasujan, District Kushi Nagar.
Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is argued that the deceased committed suicide and died as she was not willing to live with her in-laws and always used to pressurize the applicant to leave his family and live separately for which he denied and as such she committed suicide. Paragraph 11 to the affidavit in support of bail application has been placed for the same. It is argued that the applicant has no criminal history as stated in para 23 and is in jail since 07.03.2019.
Per contra learned brief holder for the State has opposed the prayer for bail and argued that the applicant is the husband of the deceased and their marriage was four years prior to the occurrence. It is argued that death of the deceased was unnatural death in her matrimonial house which is also evident from the postmortem report wherein the doctor has opined the cause of death as due to Asphyxia as a result of strangulation. It is argued that there is no reason forthwith coming which is convincing regarding the manner of death of the deceased in her matrimonial house. It is further argued that there has been a demand of dowry for which the prosecution case is consistent.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.1.2021 AS Rathore (Samit Gopal,J.)