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KATWARU versus STATE OF U.P.

High Court of Judicature at Allahabad

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Katwaru v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9366 of 2006 [2006] RD-AH 10965 (5 July 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. (Mrs.) Saroj Bala, J.

This is an application for bail moved on behalf of the applicant Katwaru arraigned in case Crime No. 461 of 2005 under sections 498-A, 201, 304B I.P.C. and section ¾ Dowry Prohibition Act, Police station Mohamdabad, district Mau.

Heard Sri Amit Kumar Singh, learned counsel for the applicant, learned AGA and have perused the record.

The informant's daughter was married to the applicant's son on 16.2.2005. It is alleged that she was subjected to cruelty for the demand of cash and colour T.V. It is said that the applicant and co-accused cremated the dead body without any information to the informant and other family members. The first information report was registered on the basis of an order passed on the application moved under section 156 (3) Cr.P.C.

The learned counsel for the applicant submitted that the victim was a patient of epilepsy and she suffered convulsions ten days after her marriage and was admitted in the hospital for treatment on 28.2.2005. The learned counsel argued that the victim suffered convulsions again on 16.2.2005 and died on way to the hospital. The learned counsel argued that the applicant is the father-in-law of the deceased. The learned counsel inviting my attention to the statement of Virendra Prasad the mediator submitted that the victim was taken to the hospital for treatment.

The learned AGA argued that the victim died within a period of one month of her marriage with the applicant's son and there was demand of dowry. The learned counsel submitted that the applicant and co-accused  caused disappearance of  evidence by cremating the dead body.

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

The applicant is the father-in-law of the deceased. General allegation of demand of colour T.V. and cash for  business have been made against all the co-accused including the applicant. The medical discharge summary of the victim indicates that  victim was patient of  epilepsy. In view of these facts, I consider it to be a fit case for bail.

Let the applicant Katwaru arraigned in case Crime No. 461 of 2005 under sections 498-A, 201, 304B I.P.C. and section ¾ Dowry Prohibition Act, Police station Mohamdabad, district Mau, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/-5.7.2006

Mahmood-9366-06


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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