High Court of Judicature at Allahabad
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Babu Ram v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3749 of 2005  RD-AH 2675 (6 February 2006)
Court No. 19
Crl.Misc. Bail Application No. 3749 of 2005
Babu Ram . . . . . . . . . . . . . Vs. . . . . . . . . . . . State of U.P.
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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