Court No. - 18 Case :- BAIL No. - 5193 of 2010 Petitioner :- Ram Sanehi Respondent :- State Of U.P. Petitioner Counsel :- Rishad Murtaza Respondent Counsel :- G.A. Hon'ble S.N.H. Zaidi,J.
Counter affidavit filed on behalf of the State, in Court is taken on record.
Heard Shri Ashok Kumar Singh, holding brief of Shri Rishad Murtaza,
learned counsel for the applicant, learned A.G.A. for the State and perused the
record.
The submission made on behalf of the applicant is that the applicant is the
father-in-law of the deceased, against whom general allegations of
demanding a motor cycle, golden chain and buffalo in dowry have been
made. It is also submitted that since the marriage of applicant’s son was
solemnized with the deceased in the year 1997 and she had died in
November, 2009, therefore, offence of dowry death under section 304-B
I.P.C., is not made out. The applicant was living separately from the
deceased and is languishing in jail since 3.2.2010.
Learned A.G.A. however, opposed the bail and submitted that the applicant
was residing in the same house alongwith the deceased and from the
investigation of the case, it is sufficiently established that the marriage of the
deceased was solemnized with the applicant’s son within seven years of her
death.
Considering the above circumstances, relationship of the applicant with the
deceased, nature of accusation against the applicant, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case, the
applicant appears entitled to bail.
The application is, accordingly, allowed.
Let applicant Ram Sanehi, involved in Case Crime No. 228 of 2010 under
sections 498-A, 304-B I.P.C. & 3/4 Dowry Prohibition Act, Police Station-
Kotwali Lakhimpur, District- Kheri, be enlarged on bail on his executing a
personal bond a furnishing two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 14.7.2010
Rizvi