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2011 DIGILAW 2116 (ALL)

Mahendra Verma v. State of U. P.

2011-09-09

RAJESH CHANDRA

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Rajesh Chandra, J.- Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the re­cord. It is alleged that complainants daugh­ter Smt. Rekha was being harassed and teased on account of demand of dowry as a result of which she administered some poi­son to her child aged about 2-1/2 years and also consumed the same and thus commit­ting suicide. 2. The learned A.G.A. argued that the husband was having illicit relation with his sister in law and was also demanding dowry and as a result of this harassment Smt. Rekha committed suicide. 3. The learned Counsel for the appli­cant on the other hand argued that the ap­plicant is the elder brother of the husband and is not having any connection with any demand of dowry. He is having his sepa­rate living. Moreover, it has not been ex­plained in the F.I.R. or in the statement un­der section 161 Cr.P.C. as to what being demanded in the dowry. It was also argued that it appears to be a case of some marital discord between the husband and wife and the applicant has been implicated falsely in the case. 4. I considered over the matter. The applicant is the elder brother of the hus­band and is not the beneficiary of any de­mand of dowry, I feel that a case for bail is made out. 5. Let the accused-applicant Mahendra Verma involved in case Crime No. 713 of 2010 under sections 498-A, 306 I.P.C., Police Station Jalalpur, District Ambedkar Nagar be released on bail on his executing a personal bond and furnishing two sure­ties each in the like amount to the satisfac­tion of the Court concerned on following conditions that: 1. The accused shall attend the Court in accordance with the conditions of the bond executed by him. 2. He shall not commit any offence similar to the offence of which he is accused. 3. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 4. He will not temper with the evi­dence. 5. The applicant shall not seek any adjournment when the prosecution witnesses are present. 6. 4. He will not temper with the evi­dence. 5. The applicant shall not seek any adjournment when the prosecution witnesses are present. 6. In case any condition is violated the Courts concerned shall inform the High Court so that necessary steps may be taken for the cancellation of the bail. Bail Granted.