Court No. - 18 Case :- BAIL No. - 4969 of 2010 Petitioner :- Putti Lal Respondent :- The State Of U.P. Petitioner Counsel :- Anurag Srivastava "Kalesh Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Counter affidavit filed on behalf of the State in Court is taken on
record.
Heard learned counsel for the applicant, learned A.G.A. and
perused the material on record.
The submissions of learned counsel for the applicant are that the
applicant , aged about 77 years, is the father-in-law of the
deceased. He was living separately from his son at Hardoi at the
time of incident, which was occurred at Lucknow. He had severed
all his relations with his son (the husband of the deceased) prior to
the incident and got a declaration of the same published in the
newspaper dated 4.1.2009. Copy of the declaration published in
the newspaper (Annexure no.3) and copy of the Ration Card issued
from Kshetra Panchayat, Bharawan, Hardoi (Annexure no.4) have
been referred to in support of this submission. It has been pointed
out that except the ligature mark on her neck, no other ante-
mortem injury was found on the person of the deceased, who had
died, per opinion of the doctor, as a result of ante-mortem
hanging. It is also submitted that except general allegation of
demand of dowry no specific allegation in respect of any cruel
treatment with the deceased has been made in the report of the
incident against the applicant.
Learned A.G.A. opposed the bail and submitted that in her suicidal
note, the deceased has alleged that she was beaten.
Considering the above circumstances and the points pertaining to
the nature of accusation, severity of punishment, reasonable
apprehension of tampering the witnesses, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution
case and relationship of the applicant with the deceased, the
applicant appears entitled to bail.
Let applicant Putti Lal, involved in Case Crime No. 594 of 2009,
under sections 498-A, 304-B IPC and 3/ 4 D.P. Act, P.S.
Thakurganj, Lucknow, be enlarged 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 :- 7.7.2010
Muk