Shahabuddin vs State Of U.P.
2016 Latest Caselaw 1435 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9542 of 2016
 

 
Applicant :- Shahabuddin
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashok Kumar Mishra,Shashi Bhushan Kunwar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pramod Kumar Srivastava,J.

Sri Manoj Yadav has filed vakalatnama on behalf of informant, is taken on record.

Heard learned counsel for the applicant, learned counsel for the informant, learned AGA and perused the records.

In this case allegation is that of dowry death due to alleged poisoning. After post-mortem, cause of death could not be ascertained so viscera was preserved for chemical analysis. In report of Forensic Science Labratory, no chemical poison was found in the dead body of the victim. Though, bail is opposed by counsel for the informant and learned AGA, but this contention of learned counsel for the applicant is not unacceptable that there may be possibility that sufficient evidence of unnatural death of victim is not available till now.

Considering the facts and circumstances of the case and without expressing any opinion on merit of the case, I find that the applicant appears entitle for bail.

Let the applicant Shahabuddin involved in case crime no. 120 of 2012, under Sections, 498A, 304B, 120B, 201 IPC and 3/4 D.P. Act, Police Station Garwar, District Ballia be enlarged on bail on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Order Date :- 13.4.2016

Sanjeev