Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6658 of 2010 Petitioner :- Janeshwar Respondent :- State Of U.P. Petitioner Counsel :- Sushil Kumar Pandey Respondent Counsel :- Govt Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned counsel for the
complainant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that applicant is
father-in-law and there was some matrimonial dispute hence it
appears that either it was accidental burn or there was attempt to
suicide by the injured because she was seen in objectionable
position along-with her maternal uncle. However, if prosecution
case is admitted, there was no allegation against the applicant that
he put the injured on fire. The main allegation was against mother-
in-law. He further submitted that in fact as soon as the husband
came to know regarding the incident he tried to save her. He also
received injuries on his hand. However, he was not medically
examined rather he was arrested and sent to jail. Subsequently,
on application of applicant by order of court he was medically
examined and injury was found on hand. He further submitted that
in fact the condition of parties were not either to take the
motorcycle or to use the same. In the present case, applicant is in
jail since 8.2.2010.
Learned counsel for the complainant as well as AGA opposed the
aforesaid prayer for bail on the ground that there was demand of
dowry and allegation of torture hence he is not entitled for bail.
In view of the above, without expressing any opinion on merit, it is
a fit case for bail. Let the applicant Janeshwar be enlarged on bail
on his furnishing a personal bond with two sureties each in the like
amount to the satisfaction of court concerned in Case Crime No.48
of 2010, under Sections 498-A, 323, 307 IPC and Section 3/4
Dowry Prohibition Act, P.S. Nai Mandi, District Muzaffar Nagar.
Order Date :- 14.7.2010
Pramod