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SARJO SONI versus STATE OF U.P.

High Court of Judicature at Allahabad

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Sarjo Soni v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11152 of 2006 [2006] RD-AH 10618 (12 June 2006)

 

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 (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Sarjo Soni   indicted in case crime No. 54  of 2005  under sections 498-A, 304, 316  I.P.C. P.S. Raipura  District Chitrakoot.

Heard Shri Harish Chandra Dwivedi, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The complainant's daughter was married to the applicant. It is alleged that victim was subjected to cruelty on account of demand of cash of Rs. 25,000/-. On 22.10.2005 a telephonic call about the death of the victim was received. The postmortem certificate indicates the cause of death due to shock and hemorrhage as a result of bleeding from uterus due to abortion. The First Information Report was lodged on 22.12.2005 at 12.30 noon.

The learned counsel for the applicant submitted that the abortion was caused as the victim fell down from stairs. The learned counsel urged that First Information Report was lodged two months after the occurrence making false allegation of demand of dowry. The learned counsel pointed out that marriage of applicant and deceased had taken place seven years before the occurrence and there was no cause of complaint nor any report was made about demand of dowry on any previous occasion.

The learned A.G.A. submitted that the victim was forced for abortion. The learned counsel submitted that the allegations of demand of dowry have been made in the First Information Report against the applicant.

I have taken into consideration the submissions advanced on behalf of both the parties.

The applicant is the husband of the deceased. The marriage took place seven years before the occurrence. The death was caused due to shock and hemorrhage as a result of  bleeding from the uterus due to abortion. The First Information Report was lodged two months after the occurrence. In the information given to the police by the informant on  22.10.2005 at 23.30 hours there are no allegations of demand of dowry.

Taking an over all view of these facts, I consider it to be a fit case for grant of bail.  

Let the applicant Sarjo Soni  indicted in case crime No. 54 of 2005  under sections 498-A, 304, 316  I.P.C. P.S. Raipura  District Chitrakoot , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/11152/06

12.6.2006


Copyright

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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