LAWS(ALL)-2009-4-77

RAM NARESH SHUKLA Vs. STATE OF U P

Decided On April 27, 2009
RAM NARESH SHUKLA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned Additional Government Advocate and perused the record. The applicant is involved in Case Crime No.272 of 2007 under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 D.P. Act Police Station Mohammadpur, District Barabanki. There are as many as 11 ante mortem injuries in this case. The applicant happens to be husband. Admittedly the death is unnatural and within 7 years of the marriage. There are specific allegations of alleged demand of dowry and consequential harassment. The bail is also opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the above mentioned facts and circumstances, without entering into the merits of the case I regret in not finding it to be a fit case for granting bail. Hence it is rejected at this stage. As the applicant is said to be in jail for the last more than one year and nine months, the learned court below is directed to conclude the trial expeditiously.