Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20070 of 2010 Petitioner :- Jagdish Ram & Another Respondent :- State Of U.P. Petitioner Counsel :- R.C. Yadav Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard Sri R.C. Yadav, learned counsel for the applicants, Sri Sanjay Kumar,
learned counsel for the complainant, learned A.G.A. for the State and perused
the record.
Learned counsel for the applicants has contended that the applicants are
parents in law of the deceased and the FIR has been lodged by the order of the
Magistrate on an application moved under section 156(3) Cr.P.C. and no overt
act has been assigned on their part. The applicants are in jail since 18.6.2010.
Learned counsel for the complainant has contended that the deceased was
subjected to cruel treatment and harassment and there was dowry demand and
in viscera report Zinc Phosphide has been found, Learned A.G.A. has also
supported the same fact.
The applicants are parents in law of the deceased and no overt act has been
assigned on their part.
Considering the nature of accusation and the severity of punishment in case
of conviction and the nature of supporting evidence, reasonable apprehension
of tampering of the witnesses and prima facie satisfaction of the court in
support of the charge, the applicants are entitled to be released on bail.
Let the applicants Jagdish Ram and Smt. Kamli Devi alias Kamlawati Devi
involved in case crime no. 362 of 2010, under section 304B, 498A, 323, 504,
506 IPC and 3/4 D.P. Act, P.S. Shadiyabad, District Ghazipur be released on
bail on their furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 2.8.2010
Masarrat