Shiva @ Virendra vs State Of U.P.
2013 Latest Caselaw 6642 ALL

Citation : 2013 Latest Caselaw 6642 ALL
Judgement Date : 28 October, 2013

Allahabad High Court

Shiva @ Virendra vs State Of U.P. on 28 October, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6513 of 2013
 

 
Applicant :- Shiva @ Virendra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rakesh Kumar Tripathi
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

It is contended by learned counsel for the applicant is Devar of the deceased. According to the prosecution version the marriage of the deceased was solemnized on 24.6.2010 with the co-accused Sandeep. The deceased has died due to burn injury. The deceased was taken to the hospital by the applicant. The case of the applicant is distinguishable with the case of other co-accused person. He may be released on bail.

In reply of the above contention, it is submitted by learned A.G.A. that the marriage of the deceased was solemnized on 24.6.2010. The allegation of demand of dowry and subjecting the deceased to cruelty is against the applicant also. The deceased has died due to ante mortem burn injury. The death of the deceased is unnatural. In such circumstances, the applicant may not be released on bail.

Considering the submissions made by learned counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that the applicant is Devar of the deceased, he is unmarried person. His case is distinguishable with the case of other co-accused person. The cause of death is burn injury. Therefore, the applicant is entitled for bail.

Let the applicant Shiva @ Virendra involved in case crime no. 197 of 2013 under Sections 498-A, 304-B, 302 I.P.C. and section 3/4 D.P. Act, P.S. Maholi, District Sitaput be released on bail on his furnishing a personal bond and two heavy sureties to the satisfaction of the Court concerned with the conditions:

*That the applicant shall not tamper with the evidence.

*That he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned condition, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 28.10.2013

RPD