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Allahabad High Court
Uma Shanker Gupta vs State Of U.P. on 9 August, 2010
                                                                   Court No. 20

                  Criminal Misc. Case No. 5826 (B) of 2010

       Uma Shanker Gupta               ....Versus.....          State of U.P.

Hon'ble Raj Mani Chauhan, J.

Learned counsel for the applicant files supplementary affidavit, which
is taken on record.

Heard the learned counsel for the applicant and learned A.G.A. for the
State as well as perused the documents available on the record.

The accused-applicant Uma Shanker Gupta is involved and detained in
Case Crime No. 1941 of 2009, under Sections 498-A, 304-B I.P.C. and
Section 3/4 of Dowry Prohibition Act, from Police Station Hargaon, District
Sitapur and he has applied for bail.

The submission of the learned counsel for the accused applicant is that
the accused applicant is father-in-law of the deceased. As per version of the
F.I.R., the accused used to make demand of motorcycle from the deceased in
the form of dowry. When their demand was not satisfied, they used to harass
and torture her. The complainant in his statement recorded by the Investigating
Officer under Section 161 Cr.P.C. has stated that it was husband of the
deceased who was making demand of motorcycle from her. Learned counsel
for the accused applicant submits that the deceased and her husband started to
live separate after their marriage. The accused applicant being father-in-law of
the deceased was neither beneficiary of the dowry nor he could make demand
of dowry as he was living separately from the deceased and her husband. This
fact is supported from the photocopy of the ration card filed on behalf of the
accused applicant. Prima-facie, no offence under Sections 498-A, 304-B I.P.C.
and Section ¾ of Dowry Prohibition Act is made out against the accused
applicant. Therefore, he deserves to be released on bail.

Learned A.G.A. opposed the bail application.

Considered the submissions of the learned counsel for the accused
applicant and the learned A.G.A.

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 applicant
may be released on bail.

Let applicant Uma Shanker Gupta be released on bail in the aforesaid
case crime number on his furnishing a personal bond with two sureties each in
the like amount to the satisfaction of the court concerned.

09.08.2010
Sanjay/-


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