LAWS(ALL)-2009-5-700

RAM DEEN Vs. STATE OF U P

Decided On May 05, 2009
RAM DEEN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) AN application for taking supplementary affidavit on record, is allowed. Supplementary affidavit is taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.141 of 2008, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Khargupur, District Gonda. It is submitted that the applicant is a father-in-law. It is also submitted that mother-in-law has already been enlarged on bail by this Court's order dated 24.03.2009 (ANnexure SA-1). General allegations have been made against father-in-law and mother-in-law. He is said to be in jail from September, 2008. It is claimed that there is no criminal history against him. The bail is however, 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 aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove and also the ground of partial parity, I find it to be a fit case for granting bail. Let the applicant (Ram Deen) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.