Court No. 20
Criminal Misc. Case No. 5670 (B) of 2009
Hari Pal ...Versus... The State of U.P.
Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A. for the
State and perused the record.
The accused-applicant Hari Pal is involved and detained in Case
Crime No. 753 of 2008, under Sections 498-A, 304-B I.P.C., and Section
¾ Dowry Prohibition Act, from Police Station Nasirabad, District
Raebareli and he has applied for bail.
The submission of the learned counsel for the accused applicant is
that although unfortunately the present accused applicant is husband of
the deceased but the complainant who is father of the deceased has not
specifically alleged in the F.I.R. as to what was the articles and what was
the amount, the accused applicant and his parents were demanding from
the deceased in the form of dowry. The complainant had participated in
preparation of the Panchayatnama of the deceased and he was one of the
Panchas. The complainant had never informed to anyone that the accused
applicant used to make demand of dowry from the deceased and they had
done her to death for dowry. As per version of the F.I.R., it does not
appear to be a case of dowry death. Learned counsel for the accused
applicant further contends that the complainant in the F.I.R. has alleged
that the accused applicant had badly beaten his daughter and caused her
death and threw her dead body in a wall but from a perusal of the post
mortem examination report of the deceased, it appears that no external
injury was found on her person. The cause of her death was drowning. In
the circumstances, it could be a case of accidental death too. The father
and mother of the accused applicant have already been ordered to be
released on bail. The allegations against all the accused are similar.
Therefore, accused applicant also deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considering the submissions of the learned counsel for the
accused applicant and learned A.G.A. as well as keeping in view the
totality of the facts and circumstances of the case, without expressing any
opinion on the merit of the case, the accused applicant may be released
on bail.
Let applicant Hari Pal be released on bail in the aforesaid case
crime number on his furnishing a personal bond with two sureties each in
the like amount to the satisfaction of the court concerned.
12.01.2010
Sanjay/-