Supreme Court of India
Sonu v. Sonu Yadav and Another
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What the Court ordered
For the above reasons, we are of the view that the orde r of the High Court granting bail without due application of mind to the relevant facts and circumstances as well to the provisions of the law requires the interference of this Court.
Judgment, page 8
From the headnote
Code of Criminal Procedure, 1973 – s. 439 – Unnatural death of married woman within a year of marriage – Charge-sheet aga inst her husband (first respondent) for offences u/ss.49 8- and 304- IPC and ss.3 and 4 of Dowry Prohibition Act – Bail application of first respondent rejected by Sessions Judge – Bail application u/ s.439 CrPC before High Court – High Court allowed the appl ication – Justification of – Held: In view of the provisions of s.304- IPC, as well as the presumption arising u/s.113- of Evi dence Act, the High Court, on facts, was clearly not justified in granting bail – Prima
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