Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33405 of 2009 Petitioner :- Shivraj Singh @ Swaraj Respondent :- State Of U.P. Petitioner Counsel :- M.B.Mathur Respondent Counsel :- Govt Advocate Hon'ble Amar Saran,J.
Heard learned counsel for the applicant and learned AGA.
It is argued by the learned counsel for the applicant that neither in
the FIR nor in the 161 Cr.P.C. statements of all the witnesses,
there is any specification as what was demanded as dowry.
Actually the deceased died a natural death. Supplementary
affidavit has been filed today annexing therewith the prescription
of the deceased showing that she was severally suffering from
diarrhoreal infection.
It is further argued that the information was even given to the
complainant, but this report has subsequently been lodged for
malafide reasons. It is also argued that all the co-accused in this
case whose roles were similar, have been granted bail.
Learned AGA, however, argued that the body was hurriedly
disposed of and that the information was actually given that she is
ailing after the death.
Learned counsel for the applicant controverted this point by
arguing that there was no reason for giving information after the
death if the accused persons wanted to hurridly disposed of the
body.
In this view of the matter, without expressing any opinion on the
merits of the case let the applicant-Shivraj Singh alias Swaraj,
involved in Case Crime No. 1174 of 2009, under section 304-B of
IPC and 3/4 of Dowry Prohibition Act, police station Shahbad,
district Rampur, be released on bail on his furnishing a personal
bond with two sureties each in the like amount to the satisfaction
of the court concerned.
Order Date :- 4.1.2010
Ishrat