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Santosh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18147 of 2005  RD-AH 5341 (8 November 2005)
Hon'ble. M. K. Mittal, J.
Heard learned counsel for the accused applicant, learned A.G.A. and perused the record.
Accused applicant Santosh son of Bhagwan Das has prayed for release on bail in Case Crime NO. 145 of 2005 under Section 304-B, IPC and 3/4 D.P.Act, P.S. Dibai, District Bulandshahar.
Prosecution case is that Smt. Vijay Kumari (Vidyawati) was married with the accused on 24.4.2002 according to Hindu Rites. Dowry was given but it could not satisfy the accused and demand for motorcycle was also made when it could not be given Smt. Vijay Kumari was done to death by the accused persons. Record shows that Kunwar Pal Singh informed the police about the death of Smt. Vijay Kumari. Inquest was prepared on 11.5.2005. Post mortem report shows that death was caused on account of asphyxia as a result of hanging. There was a ligature mark around the neck with gap of 5 c.m. on the back side.
Learned counsel for the accused applicant has contended that the accused has been wrongly implicated in this case and that Smt. Vijay Kumari committed suicide out of frustration. He has further contended that Kunwar Pal, who informed the police about the death of Vijay Kumari, is the real uncle of the accused applicant. In this matter, information was also sent to the complainant who lodged the report after three days of the alleged incident.
Considering the facts and circumstances of the case, accused is entitled to bail.
Let the accused involved in above 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.
The applicant shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in any criminal activity and will not cause either any threat or any physical violence to the complainant and the witnesses and their family members. If any such report is made by any of the above person either to the Court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the court below to report to this Court so that his bail may be cancelled.
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