ANAND SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant/applicant, learned AGA for the State and perused the record.

(2.) As per prosecution case, the applicant/husband in the company of other accused (Father and Mother) committed the offence of dowry death of his wife for non-fulfillment of demand of one lac Rupees. It is also said that out of that one lac amount, Rs. 25,000/- were paid to the accused persons on 26.12.2003. Rest of the amount was not paid and cause of death was administration of poison within 7 years of marriage.

(3.) Trial court punished all the three accused persons for the offence under Section 498A/34, 304-B/34 and Section 4 of the Dowry Prohibition Act read with Section 34 IPC. Aggrieved by this judgment and order, co-accused Mother and Father of the appellant have also filed an appeal being No. 175/2008 and they were released on bail during the pendency of the appeal. Appellant has also filed this appeal on 19.02.2008 which is already admitted for hearing.. First bail prayer on his behalf was rejected by Hon'ble Justice Allah Raham (now retired) vide order dated 18.03.2008. Now this is second bail application to release him on bail.