Court No. - 39 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15914 of 2010 Petitioner :- Ved Prakash Shukla Respondent :- State Of U.P. Petitioner Counsel :- Sarvesh Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and
perused the record.
Learned counsel for the applicant submitted that the applicant
is father-in-law . There was second marriage of Pankaj
Shukla, the son of the applicant with deceased Neelam, the
daughter of the informant. There was female child from the
earlier wife. It appears that there was dispute in between the
husband and wife. The deceased was short tamper and
consumed toilet cleaner on 7.4.2010. She was immediately
admitted in the hospital by son of the applicant and during
treatment she expired on 23.4.2010. The husband of the
deceased paid Rs.1,17,900/- to Chandani Hospital where the
deceased was admitted on 23.4.2010. During that period there
was no complaint regarding demand of dowry and torture,
hence no First Information Report was lodged. However, she
died. Subsequently on 23.4.2010 the First Information Report
was lodged by the father of the deceased with the false
allegation that the acid was administered by her husband
Pankaj Shukla and the applicant.
In view of the fact and circumstances of the case it appears
that since it was a second marriage after death of first wife
hence there was no question of demand of dowry . There was
a female child from the earlier wife and there was no
allegation even by the family of the previous wife. However,
the applicant is in jail since 19.5.2010.
Learned A.G.A. and learned counsel for the complainant
opposed the prayer for bail on the ground that from the fact
and circumstances of the case the offence is made out against
the applicant and he is not entitled for bail.
In view of the above, at this stage without expressing opinion
on merit, it is a fit case for bail.
Let the applicant Ved Prakash Shukla be enlarged on bail on
his furnishing a personal bond with two sureties each in the
like amount to the satisfaction of the court concerned in Case
Crime No.32 of 2010 under Section 498A, 323, 304B I.P.C.
& 3/4 D.P. Act, Police Station Sisamau, Kanpur Nagar.
Order Date :- 25.6.2010
Rk