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  RD-AH 10650 (15 June 2006)
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.
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