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RAJESH versus STATE OF U.P.

High Court of Judicature at Allahabad

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Rajesh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21455 of 2004 [2005] RD-AH 3195 (20 September 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Accused applicant Rajesh son of Murli has prayed for release on bail in case crime no. 206 of 2000 (S.T. No. 11 A of 2001) under Sections 304 B, 201 IPC, Section ¾ D.P. Act, P.S. Sindhauli, District Shahjahanpur.

Prosecution case is that Smt. Devanti sister of the complainant was married with the accused about two years prior to the incident. Dowry was given but it could not satisfy the accused and demand for Motorcycle and some money was being made. The complainant came to know on 28.7.2000 that his sister had been killed by the accused. The dead body was hanging in the house.

Learned counsel for the applicant has contended that accused has been falsely implicated in this case and that smt. Devanti committed suicide as she wanted to live in urban atmosphere and not in rural area. He has further contended that information was given to the complainant, his father and other relations were present at the time of cremation. He has further contended that father of the deceased gave in writing that no demand was made and her daughter was suffering from some mental disorder and he had no dispute about her death. The  fact that the father of the deceased and other relations were present at the time of cremation has been mentioned in paragraph no. 9 of the affidavit and in the counter affidavit this fact has not been specifically denied.

Learned A.G.A. contended that

applicant did not inform the police.

Considering the facts and circumstances and the fact that the father of the deceased was present at the time of cremation and no objection was raised, 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.

Dated: 20.9.2005

RKS/21455/04


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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