Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15973 of 2010 Petitioner :- Keshav Singh Respondent :- State Of U.P. Petitioner Counsel :- Rajeev Chaddha Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. and
perused the record.
Learned counsel for the applicant contended that the marriage of
the applicant was solemnized about 7-8 years before the incident
dated 15.4.2010. However, according to prosecution case marriage
was solemnized six years before the incident. There was never
complaint of demand of dowry or torture. Either it was accidental
burnt or she committed suicide. The information was given
regarding the incident. The informant and other persons reached
on the spot and participating in the cremation. However,
subsequently, just to black-mail the applicant, First Information
Report was lodged on 28.4.2010 with the allegation that there was
demand of dowry which could not be fulfilled. She was being
tortured, subsequently she was burnt to death. The FIR was
registered under Sections 498A, 304 B, 201 I.P.C. and Section 3/4
D.P.Act, P.S. Barhalganj, District Gorakhpur. During investigation
the case was converted under Sections 306, 201 I.P.C. The
applicant is husband and is in jail since 30.4.2010.
In this view of the matter, without expressing any opinion on
merits of the case, at this stage it is a fit case for bail.
Let the applicant namely, Keshav Singh be released on bail in
Case Crime No. 252 of 2010, under Sections 306, 201 I.P.C., P.S.
Barhalganj, District Gorakhpur on his furnishing a personal bond
with two sureties each in the like amount to the satisfaction of the
Court concerned.
Order Date:- 27.7.2010
S.A.A.Rizvi