BADAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS bail application has been moved on behalf of Badan Singh seeking bail in Case Crime No. 292/2008 under Section 498A, 304B, 109/120 IPC and 3/4 D.P. Act pertaining to P.S. Baresar, District - Ghazipur. I have heard learned counsel for the applicant and learned AGA on behalf of the State of U.P.

(2.) THE case of the prosecution is that the accused-applicant is involved in a case of dowry death of his daughter-in-law named Soni along with his son Markandey Singh, the husband of the deceased, thereby harassing the deceased on demand of dowry, for which it is contended on behalf of the applicant that the applicant has been falsely implicated in this case, the prosecution story is not only improbable, but absurd too, while the deceased had committed suicide by using Aluminum Phosphate found after analysis of vishera since the medical report does not tally with the allegation of the prosecution case that Soni was condemned to death by hanging, the accused-applicant should be enlarged on bail.

(3.) LEARNED AGA contended that despite the fact that Aluminum Phosphate is found in the vishera of the deceased, the fact found on the spot that the dead body was hanging with the fan in the house of the applicant may not be a fact occurred and committed by only one person and at least two persons are required to hang a lady even after her death with a fan. Learned AGA opposed the fact that the father-in-law, the accused-applicant in this case, may not be said to have been involved in commission of this crime.