Ram Bharosey vs State Of U.P.
2013 Latest Caselaw 6737 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15836 of 2013
 

 
Applicant :- Ram Bharosey
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shivaji Singh Sisodiya,Amit Mishra
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ashok Srivastava,J.

This bail application has been moved on behalf of the applicant  Ram Bharosey,  who is father-in-law of the deceased and he is in jail since 9.4.2013. The applicant is involved in Case Crime No.164 of 2013, under sections 498-A, 304-B  I.P.C. and 3/4 Dowry Prohibition Act, Police Station  C.B. Ganj,  District  Bareilly.  

It has been submitted from the side of the applicant that  he is innocent and has been falsely implciated in this case due to ulterior motive on behalf of the complainant.  It has further been submitted that  it would be clear  from perusal of the inquest report that it was the applicant who went to the police station and informed the police regarding the unnatural death of the deceased. It has further been submitted that he was present when the inquest report of the deceased were prepared by the concerned Executive Magistrate.  It has  also been submitted that demand of dowry is general in nature  and the applicant cannot be said to be a direct beneficiary of the demanded dowry. It has also been submtited that the applicant is and  old and aged man.

The bail application has been  opposed by learned A.G.A. It has been submtited that the deceased has died within four months of marriage with the co-accused Deepak. It has further been submitted that  the allegations are there against the applicant also in the F.I.R. 

I have heard  Shri Amit Mishra, learned counsel for the applicant and learned A.G.A. for the Sate  and perused the records.

The applicant is father-in-law of the deceased. From perusal of the inquest report it is evident that  it was he who had gone  to the police station to inform the police regarding unnatural death of the deceased. He remained present throughout as is evident that his name finds  a place in the list of 'panch' of the panchayatnama.

Considering all the aspects of the case and without expressing any opinion as to the merits of the case, I am of the view that the applicant should be released on bail.

Let the applicant  Ram Bharosey who is involved in Case Crime No. 164 of 2013, under sections 498-A, 304-B  I.P.C. and 3/4 Dowry Prohibition Act, Police Station  C.B. Ganj,  District  Bareilly be released on bail on his furnishing a personal bond with two reliable sureties  each  to the satisfaction of the court concerned.    

Order Date :- 30.10.2013

RU