High Court of Judicature at Allahabad
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Manoj Kumar Bajpayee v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12664 of 2004  RD-AH 3182 (20 September 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Accused applicant Manoj Kumar Bajpayee son of late Ram Krishna Bajpayee has prayed for release on bail
in case crime no. 308 of 2003 under Sections 304 B IPC and Section ¾ D.P.Act, P.S. Kotwali, District Shahjahanpur.
According to prosecution case, Smt. Madhu daughter of the complainant was married with the accused about five years prior to the incident. Rs. 50,000/- and Golden Chain were being demanded as dowry and the complainant could not fulfil these demand and Smt. Madhu was given poison by the accused and his family members on 19.10.2003. It has also been mentioned in the F.I.R. that the complainant was informed by unknown person that the accused had given poison to his daughter and she was admitted in Dr. Dinesh Nursing Home. When the complainant came to Nursing home his daughter told that th accused and his family members had forcibly given her poison.
Post mortem report shows that no anti mortem injury was found on the body and as the cause of death could not be ascertained viscera was preserved.
Learned counsel for the accused applicant has contended that the accused has been falsely implicated and that smt. Madhu committed suicide as the father of the deceased i.e. Complainant had taken Jewellery of the deceased and in that connection a report was also lodged against the complainant.
Learned counsel for the applicant has contended that complainant was present at the time of inquest report and no objection was raised at that time and that report has been lodged after five days with false allegations.
In these circumstances, but without prejudice to the merits of the case, accused is entitled to bail.
Let the accused named above involved in above case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
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