Court No. - 18 Case :- BAIL No. - 2960 of 2009 Petitioner :- Suresh Respondent :- State Of U.P. Petitioner Counsel :- P.D. Verma Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. and
perused the material on record.
The submissions of the applicant’s counsel is that the applicant is
the husband of the deceased, who had committed suicide by
hanging as she was very depressed being issue-less even after five
years of her marriage. The doctor has also mentioned asphyxia as a
result of ante- mortem hanging as the cause of death and no other
ante-mortem injury, except a ligature mark, has been mentioned in
the post mortem report but in the inquest report, prepared by the
S.D.M., ten injuries, including certain burn injuries and injuries
on the private part of the deceased, have been mentioned which are
not supported by the post-mortem report. The applicant is a
labourer by profession and belongs to the lowest strata of the
society and is confined in jail since 23.7.2008.
Learned A.G.A., however, opposed the bail but no satisfactory
explanation could have been shown as to how the injuries
mentioned in the inquest report were not found by the doctor at the
time of autopsy, which was done after three hours of the
preparation of the inquest report.
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 without commenting upon the merit of the case, the
applicant appears entitled for bail.
Let applicant Suresh, involved in Case Crime No. 355 of 2008,
under sections 498-A, 304-B IPC & 3/ 4 D.P. Act, P.S.
Gosainganj, District 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 :- 8.7.2010
Muk