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Sohan Pal Alias Lilu v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16853 of 2005  RD-AH 8757 (1 May 2006)
Court No. 54
CRIMINALMISC. BAIL APPLICATION NO. 16853 OF 2005.
Sohanpal alias Lilu Vs. State of U.P.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri I.K. Chaturvedi, learned counsel for the applicant and learned A.G.A. for the State.
Counter and rejoinder affidavits have been exchanged which are taken on record.
The applicant is husband and is in jail since approximately one year. The marriage of the applicant with the deceased had taken place on 9.5.2002. The occurrence is in the intervening night of 23/24.4.2005 and the first information report was registered on 24.4.2005 at 22.30 hours. The submission on behalf of the applicant is that the deceased was admitted in the hospital at 2.50 A.M. by the husband immediately after she received burn injuries. She was given medical treatment and inquest report has been placed to show that the dead body was tied by bandages all over abdomen and chest which substantiates the claim of the applicant that he rushed to the hospital after she had received burn injuries. Post mortem report also shows that surgical dressing present all around chest and abdomen. The brother and father of the deceased are witnesses of the inquest, which only mentions that she died due to burn injuries but they did not say anything regarding demand of dowry etc. The next submission is that the applicant had two children and the deceased was being treated by Neurosurgeon as she was being treated for epileptic fits. The medical report has been annexed as Annexure-9 to the affidavit. Besides, a number of documents has been produced to substantiate that the deceased was given medical treatment since the year 2003 itself. This bail application was argued on 2.9.2005 and the learned A.G.A. had taken time to verify about the treatment given to the deceased by the applicant in the Nursing Home. This fact has not been disputed by the learned A.G.A., though it is stated in the counter affidavit that the burn injuries were inflicted by the accused named in the first information report.
Looking to the facts and circumstances of the case and without giving any opinion on merit, this bail application is allowed.
Let the applicant Sohanpal alias Lilu be released on bail in case Crime No. 40 of 2005, under Sections 304-B, 498-A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mundali, District Meerut on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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