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SURENDRA GUPTA versus STATE OF U.P.

High Court of Judicature at Allahabad

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Surendra Gupta v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11303 of 2006 [2006] RD-AH 10650 (15 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 Surendra Gupta   indicted in case crime No 685.  of 2006  under sections 498-A, 304-B  I.P.C. and 3/ 4 of Dowry Prohibition  Act P.S. Kotwali  District Jaunpur.

Heard Shri Kamal Krishna, learned counsel for the applicant Shri Manish Tiwari, learned counsel for the complainant, learned A.G.A.  and have perused the record.

The prosecution case is that the informant's sister(victim) was married to applicant's son about four years ago. It is alleged that victim was subjected to cruelty for the demand of Rs. One lac and was ultimately done to death on 8.5.2006.The postmortem certificate indicates that the cause of death was due to asphyxia as a result of hanging.

The learned counsel for the applicant submitted that the applicant is  father -in-law of the deceased and is a government servant. It was contended that applicant is a heart patient. The submission of the learned counsel was that general allegation of demand of Rs. one lac and consequential harassment have been made against all the accused persons.

The learned counsel for the complainant and learned A.G.A. submitted that postmortem certificate indicates that death was caused due to strangulation as injuries have been found on the person of the deceased. The learned counsel pointed out that fracture on cornua of hyoid bone indicates that death was homicidal. The learned counsel urged that demand of Rs.one lac was made soon before the incident.  

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

The applicant is father-in-law of the deceased. The general allegations of demand of Rs. one lac have been made against all the accused including the applicant. According to the postmortem certificate the death was caused due to asphyxia  as a result of hanging. The annexure-4  filed in support of the bail application indicates that applicant is a heart patient. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Surendra Gupta   indicted in case crime No 685.  of 2006  under sections 498-A, 304-B  I.P.C. and 3/ 4 of Dowry Prohibition  Act P.S. Kotwali  District Jaunpu,  be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/11303/06

15.6.2006


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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