Court No. 20
Criminal Misc. Case No. 792 (B) of 2010
Vipatti Ram @ Nanhkau ...Versus... State of U.P
Hon'ble Raj Mani Chauhan,J.
Learned A.G.A. files counter affidavit, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the
State as well as perused the record.
The accused-applicant Vipatti Ram @ Nanhkau is involved and
detained in Case Crime No. 124 of 2009, under Sections 498-A, 304-B I.P.C.,
and ¾ D.P.Act, from Police Station Jethwara, District Pratapgarh 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 who was already living
separately from the deceased and her husband which is clear from the site plan
of the place of occurrence prepared by the Investigating Officer. The
Investigating Officer in the site plan has shown the houses of the accused
applicant Vipatti Ram @ Nanhkau and husband of the deceased separately. The
accused applicant is an old person aged about 74 years. He cannot be said to be
beneficiary of the dowry. He has been implicated by the complainant only on
the ground that he is father-in-law of the deceased. Therefore, the accused
applicant deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considering the submissions of the learned counsel for the accused
applicant, learned A.G.A.
Keeping in view the fact that the accused applicant is an old person
aged about 75 years as well as his separate living from the husband of the
deceased, without any adverse comments on the merit of the case, the accused
applicant may be released on bail.
Let applicant Vipatti Ram @ Nanhkau 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.
03.02.2010
Sanjay/-