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Raj Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15438 of 2006  RD-AH 12673 (1 August 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by learned counsel for the applicant that the applicant is husband of the deceased. The F.I.R. of this case has been lodged by Radhey Shyam on 9.2.2006 at 11.50 a.m. The F.I.R. was lodged against the applicant and 4 other co-accused persons. The cause of death is burning. Dying declaration of the deceased was recorded by the learned S.D.M. According to dying declaration of the deceased her mother-in-law has committed the offence. It has been clearly stated by the deceased that her mother-in-law had poured kerosene oil. Thereafter, the deceased was set on fire by her and she was subjected to cruelty by the mother-in-law of the deceased. She stated that she was never subjected to cruelty by her husband and never beaten by her husband. The case of the applicant is distinguishable with the case of Smt Sukhdei the mother-in-law of the deceased.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Raj Kumar involved in Case Crime No. 68 of 2005, under Sections 498-A, 304-B I.P.C. and Sections ¾ Dowry Prohibition act, Police Station Chandausi , District Moradabad be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
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