Court No. - 28 Case :- BAIL No. - 695 of 2010 Petitioner :- Bhagauti Respondent :- State Of U.P. Petitioner Counsel :- L.P. Shukla -Ii Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant, the learned AGA and perused the
record.
The learned counsel for the applicant submitted that neither the deceased’s
father, brother nor any other member of the family lodged any FIR against the
applicant. According to the report given by the village chaukidar, the
deceased committed suicide because she was unable to give birth to a child. It
is also alleged that the deceased’s brother and father had taken money from
the applicant for purchasing a Buffalo and they failed to repay the money due
to which a quarrel took place between the deceased and her husband. The
story of demanding dowry and harassing the deceased during her life time, in
view of the aforesaid facts, have been concocted afterthought.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of offence and evidence, complicity of the
accused, the severity of punishment and submissions of the learned counsel
for the applicant and the learned AGA, I am of the view that the applicant has
made out a case for bail.
Let the applicant Bhagauti involved in the case crime no.1705 of 2009 under
section 306 IPC, police station Hargaon, district Sitapur, be released on bail
on his furnishing a personal bond and two sureties each in the like amount to
the satisfaction of the CJM concerned.
Order Date :- 16.7.2010
RKSh