High Court of Judicature at Allahabad
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Suneel Kumar v. Stat Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10598 of 2006  RD-AH 11079 (6 July 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Suneel Kumar indicted in case crime No. 356 of 2005 under section 304-B I.P.C. P.S. T.P. Nagar District Meerut .
Heard Shri Amit Daga, learned counsel for the applicant, learned A.G.A. and have perused the record.
The informant's daughter was married to the applicant on 3.7.2003. It is alleged that she was subjected to cruelty on account of demand of cash of Rs. one lac and motorcycle and was ultimately done to death by strangulation.
The learned counsel for the applicant submitted that according to autopsy report cause of death was asphyxia due to ante mortem hanging. The learned counsel argued that no injury was found on any part of the body of deceased therefore the case of suicide is made out. The learned counsel submitted that applicant is in jail for the last about six months. The contention of the learned counsel was that it was second marriage of the applicant and out of frustration the victim committed suicide by hanging herself. The learned counsel urged that at the time of incident applicant was present at his medical store situated at Baghpat road. The learned counsel contended that information of the incident was given by the applicant to the parents of the deceased. The learned counsel pointed out that there is no dying declaration of the deceased.
The learned A.G.A. submitted that victim died in unnatural circumstances within three years of her marriage with the applicant and there was demand of dowry.
I have taken into consideration the submissions advanced on behalf of both the parties.
The death was caused due to hanging. No ante mortem injury except ligature mark was found on the person of the deceased. General allegation of demand of cash and motorcycle have been made against all the accused persons including the applicant. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Suneel Kumar indicted in case crime No. 356 of 2005 under section 304-B I.P.C. P.S. T.P. Nagar District Meerut , 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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