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Babu Ram v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3749 of 2005 [2006] RD-AH 2675 (6 February 2006)


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              Court No. 19

Crl.Misc. Bail Application No. 3749 of 2005

Babu Ram  . . . . . . . . . .  . . . Vs.  . . . . . . .  . . . . State  of U.P.


Hon'ble R.K.Rastogi,J.

The applicant, Babu Ram has applied for bail in this case crime no. 101 of 2004 under sections 498-A, 304-B I.P.C. and  ¾ of the Dowry Prohibition Act of police  station  Amariya district Pilibhit.

The applicant is husband of deceased. The remaining                                                                                                                                                                                           co-accused who are father-in-law  and mother-in-law  of the deceased, have been granted bail as stated by the learned counsel for the applicant. Since  the bail application of the present applicant  was rejected by the court below, the present bail application has been moved before this Court.

A perusal of the postmortem report  of the deceased reveals that two ante-mortem contusions were found upon the dead body of the deceased,  Smt. Tulsi Devi,  but they were not the cause of death. The doctor performing postmortem  examination could not ascertain the  cause of death and so viscera  was preserved and on 7.4.2004 and it was sent  for chemical examination.

The learned A.G.A. who has opposed the bail application, conceded that viscera  report has not yet been received.

The learned counsel for the applicant has filed  certified copies of the statements of Moti Ram P.W.1, who is father of the deceased, and Smt. Resham P.W.2, who is mother of the deceased. Both of them have stated  in their statements that there was no demand of  any dowry and they were declared hostile by the prosecution.

Without expressing any opinion on the merits of the case but taking into consideration the facts and circumstances mentioned above, I am of the view that the applicant  deserves to be released on bail.

Let the applicant, Babu Ram be released on  bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.




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