Court No. - 18 Case :- BAIL No. - 5200 of 2010 Petitioner :- Dev Narain Shukla Respondent :- State Of U.P. Petitioner Counsel :- M.S. Khan Respondent Counsel :- G.A. Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
The submission of the learned counsel for the applicant is that the applicant is
the father-in-law of the deceased and on the date of the incident, he was at
Lucknow where he is employed and as soon as he was informed about the
incident that Vinita his daughter-in-law got burnt and referred to Swaroop
Rani Nehru Hospital, Allahabad, he immediately rushed to Allahabad, but she
could not survive and died. It is also submitted that the applicant is one of the
witnesses of inquest report and he had made a note on the inquest report about
his presence and getting the information of the incident at Lucknow. Further
submission is that as his elder brother Udit Narain Shukla was issue less,
therefore, he was keeping applicant’s son and the deceased with him but after
his death on 8.4.2010 his wife turned them out of her house and this
perturbed the deceased very much and she committed suicide on 23.4.2010
by setting herself on fire. It is also submitted that there are general allegation
of demanding two lacs rupees from the deceased.
Learned A.G.A. has, however, opposed the bail.
Considering the above circumstances, relationship of the applicant with the
deceased as well as nature of accusation against the applicant, severity of
punishment, reasonable apprehension of tampering the witnesses, prima facie
satisfaction regarding proposed evidence, genuineness of the prosecution case
and without commenting upon the merit of the case, the applicant appears
entitled to bail.
The application is, accordingly, allowed.
Let applicant Dev Narain Shukla, involved in Case Crime No. 167 of 2010
under sections 498-A, 304-B I.P.C. & 3/4 Dowry Prohibition Act, Police
Station-Baghrai, District-Pratapgarh, 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