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Ram Nath v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10880 of 2005  RD-AH 8629 (28 April 2006)
CRIMINAL MISC. BAIL APPLICATION NO.10880 OF 2005
State of U.P........................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri Kapil Rathore, learned counsel appearing for the applicant and learned A.G.A. for the State.
Counter and rejoinder affidavits have been exchanged.
The applicant is husband. Incident is alleged to have taken place on 10.11.2004 in the night but the First Information Report has been registered after lapse of twenty six days i.e. on 6.12.2004 at 19:00 hours. According to the report, there was a demand of Television and Rs.10,000/- (Rupees ten thousand). She was subjected to cruelty for non-fulfillment of the said demand of dowry. Post mortem report shows that she died on account of ante mortem burn injuries. Panchayatnama was performed on 11.11.2004 and the post mortem was performed on 12.11.2004. Submission on behalf of the applicant is that to constitute an offence under Section 304-B I.P.C. and a presumption against the applicant under Section 113-B of Evidence Act, the prosecution should show proximity between the cruelty and harassment met out to the deceased soon before, she was done to death. Allegations in the First Information Report as well as in the statement of P.W.1 and 2 given during the trial do not constitute any proximity between demand of dowry and death of the deceased and that she was subjected to cruelty for non fulfillment of demand of dowry soon before her death. On the basis of decisions of the Apex Court, no presumption can be drawn and the applicant is liable to be enlarged on bail. Reliance has been place on a number of decisions of Hon'ble Supreme Court, State of Andhra Pradesh Vs. Raj Gopal Asawa and another 2004 (49) A.C.C. page 414 para 10, Kunhiabdulla and another Vs. State of Kerela 2004 A.I.R. SCW page 1337, Balwant Singh and another Vs. State of Punjab 2005 (51) A.C.C.649. On the basis of aforesaid decisions, facts as well as deposition of the witness during the trial do not fulfill the proximity test laid down by the Apex Court. I have perused the statements of P.W. 1 and 2 as well as statement of Doctor, which are annexed along with rejoinder affidavit and considered the arguments, I find it a fit case for bail.
Without giving any opinion on merit of the case, the bail application is allowed.
Let applicant Ram Nath s/o Guljari be released on bail in Case Crime No. 412 of 2004, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Ghatampur, District Kanpur Dehat 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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