Court No. - 29 Case :- BAIL No. - 5257 of 2010 Petitioner :- Radhey Shyam Verma Respondent :- State Of U.P. Petitioner Counsel :- A.P. Singh Vishen Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the accused applicant and learned
counsel for the State.
Perused the F.I.R. and other relevant papers filed in support of the
bail application.
Submission of the learned counsel for the accused applicant is that
the F.I.R. was lodged under Section 498A, 304B I.P.C. and 3/4
Dowry Prohibition Act on 17.05.2010 of the occurrence, which
had taken place 09.05.2010. It is further submitted by the learned
counsel that the allegation so levelled against the accused
applicant in the F.I.R. was found false and the case was converted
under Section 306 I.P.C. It is also contended by learned counsel
that parents of the deceased were present at the time of
Panchnama as it comes out from the statement of the complainant
recorded under Section 161 Cr.P.C. It is further submitted by the
learned counsel that there is no plausible explanation for the delay
of about eight days in lodging the F.I.R. and since after the
investigation it was found false, the case was converted under
Section 306 I.P.C. It is also submitted that there is no evidence of
abetment against accused applicant. The accused applicant is in
jail since 25.05.2010 as averred in para 23 and has no criminal
history as averred in para 21 of the bail application.
Considering the facts and circumstances of the case, let the
accused applicant Radhey Shyam Verma be enlarged on bail in
Case Crime No. 127 of 2010, u/S 306 I.P.C., P.S. Nawabganj,
District Gonda on his furnishing a personal bond and two local and
reliable sureties each in the like amount to the satisfaction of the
court concerned/Remand Magistrate.
Order Date :- 6.8.2010
Kan