Court No. - 3 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35772 of 2009 Petitioner :- Neeraj Kumar Respondent :- State Of U.P. Petitioner Counsel :- Krishna Gopal Respondent Counsel :- Govt Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant and the learned A.G.A. assisted by Sri
Vagish Pandey holding brief for Sri Vikrant Pandey counsel for the
complainant and perused the record.
It has been contended that the applicant has been alleged to be a would be
husband of the complainant and the allegations against him are that after the
ceremony of ‘God Bharai’ the dates for ‘Lagun’ and marriage were fixed but he
refused to marry the complainant as the complainant’s family members could
not fulfill the demand of Rs. 1 lac and a motor cycle in dowry made at the
time of Lagun but prior to that on the assurance of marriage he had
established physical relations with the complainant.
It has been contended that the applicant has falsely been implicated in this
case and there was only a proposal of marriage and the marriage was not
settled and from the allegations offence of section 493 I.P.C. is not made out.
It is also pointed out that the applicant is in Jail since 10.11.09.
Learned A.G.A. and the learned counsel appearing for the complainant have
opposed the bail and it has been contended that the applicant on the false
assurance of marriage had established physical relationship with the
complainant.
Considering the above circumstances and without expressing any opinion
upon the merit of the case and also the period of his detention, the applicant
appears entitled for bail.
Let applicant Neeraj Kumar involved in case Crime No. 1100 of 2009 under
section 493 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali,
District Rampur be released on bail on his executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of the court
concerned.
Order Date :- 22.1.2010
Sh