Mukesh vs The State Of U.P.
2013 Latest Caselaw 1461 ALL

Citation : 2013 Latest Caselaw 1461 ALL
Judgement Date : 29 April, 2013

Allahabad High Court

Mukesh vs The State Of U.P. on 29 April, 2013

Bench: Mahendra Dayal




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- BAIL No. - 1030 of 2013
 

 
Petitioner :- Mukesh
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Rajiva Dubey
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Mahendra Dayal,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the paper book.

The applicant Mukesh has sought bail in Case Crime No. 551 of 2012 under sections 498A/304B I.P.C. and under section 3/4 Dowry Prohibition Act, P.S. Bheera, District -Lakhimpur Kheri.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case due to enmity. It is alleged in the F.I.R. that the applicant is the cousin of the husband of the deceased, but in fact the applicant is not at all related to the family members of the co-accused persons. Further submission on behalf of applicant is that there is no eye witness of the alleged occurrence. The entire prosecution case is based on circumstantial evidence. Even if, it is presumed that the applicant is the cousin of the husband of the deceased, even then, he could not have been beneficiary of the alleged articles demanded in the dowry. The applicant is in jail since last about 6 months. The post-mortem report of the deceased indicates that she died as a result of strangulation. The body of the deceased was found hanging but none of the witness has seen as to who strangulated the deceased.

Prayer for bail has been opposed by the learned A.G.A.

Having heard learned counsel for the applicant and considering the aforesaid facts and circumstances of the case but without expressing any opinion on the merit of the case, I find it to be a fit case for bail.

Let the accused-applicant (Mukesh) involved in Case Crime No. 551 of 2012 under sections 498A/304B I.P.C. and under section 3/4 Dowry Prohibition Act, P.S. Bheera, District -Lakhimpur Kheri., be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 29.4.2013

S. Kumar