Court No. - 20 Case :- BAIL No. - 4806 of 2010 Petitioner :- Rajendra Tiwari Respondent :- State Of U.P., Petitioner Counsel :- Atul Mishra Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as
well as perused the record.
The accused Rajendra Tiwari, S/o Mata Badal, R/o Village Bankata, P.S.
Motiganj, District Gonda is involved and detained in case crime no. 255/2009
under Section 306 IPC, from P.S. Motiganj, District Gonda and he has applied
for bail.
The submission of learned counsel for the applicant is that on the written
report of complainant Sri Girish Dutt Mishra, S/o Rambharose Mishra, R/o
Village Piparhata, Mauza Rajapur Parsaura, P.S. Motiganj, District Gonda,
the police of P.S. Motiganj registered a case under Section 304-B/498-A IPC
and 3/4 of Dowry Prohibition Act. During the course of investigation, the
Investigation Officer found that it was not a case of dowry death; rather she
had committed suicide on account of shock consequently the Investigating
Officer converted the offence under Section 306 IPC. Learned counsel
submits that the deceased had been married with Kaushal Kishore Tiwari
sometimes six years back prior to the date of occurrence. Admittedly 12 days
prior to the date of occurrence, the deceased had given birth to a male child
who expired after 5 days of his birth. It appears that the deceased was under
mental shock. She died after 5 days of her child’s death. It also appears that
she had developed some post delivery problem and thereafter she expired.
Prima facie, there is no evidence in support of offence under Section 306 IPC
against the accused applicant who is the Father-in-Law of the deceased. He,
therefore, deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of learned counsel for the applicant and learned
A.G.A. for the State. Keeping in view the totality of the facts and
circumstances of the case without expressing any opinion on the merit of the
case, the accused may be released on bail.
Let the applicant Rajendra Tiwari be released on bail in the aforesaid case
crime number on his furnishing a personal bond of two sureties each in the
like amount to the satisfaction of the court concerned.
Order Date :- 28.6.2010
Santosh/-