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[Cites 2, Cited by 3]

Allahabad High Court

Jagdish @ Bhagwandas & Others vs State Of U.P. on 19 July, 2010

Author: Ravindra Singh

Bench: Ravindra Singh

Court No. - 43

Case :- CRIMINAL APPEAL No. - 3472 of 2010

Petitioner :- Jagdish @ Bhagwandas & Others
Respondent :- State Of U.P.
Petitioner Counsel :- N.L. Pandey,Yatindra Dubey
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

(Orders passed on Crl. Misc.Bail Application No. 158011 of 2010) Heard learned counsel for the appellants and learned A.G.A. It is contended by learned counsel for the appellants that according to the prosecution version, the marriage of the deceased was solemnized three prior to the alleged incident. The allegation with regard to demand of dowry and subjecting the deceased to the cruelty has been made, which is absolutely false and after thought. The deceased has died on account of an accident. The cause of death is drowning. According to the post mortem examination report about one litre of water was found in the stomach of the deceased, but after death of the deceased, the story of the present case has been concocted. The appellants were on bail during pendency of the trial, they have not misused the liberty of bail.

Let the appellants Jagdish @ Bhagwandas , Ramdas and Mohan @ Rajaram convicted in S.T. No. 72 of 2004 arising out of Case Crime No. 670 of 2004 under sections 498A, 304-B I.P.C., Police Station Kotwali , District Lalitpur be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned.

The realization of fine shall remain stayed during the pendency of the appeal.

Order Date :- 19.7.2010 Su