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[Cites 8, Cited by 1]

Allahabad High Court

Brij Mohan Chauhan vs State Of U.P. on 5 July, 2010

Author: B.N. Shukla

Bench: B.N. Shukla

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16664 of 2010

Petitioner :- Brij Mohan Chauhan
Respondent :- State Of U.P.
Petitioner Counsel :- Raghvendra Prakash
Respondent Counsel :- Govt Advocate

Hon'ble B.N. Shukla,J.


Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant has contended that applicant is father in law and FIR has been lodged by the order of the Magistrate on the applicant under section 156(3) Cr.P.C. and there is general allegation. The applicant is in jail since 6.4.2010.

Learned A.G.A. has contended that the deceased was subjected to cruel treatment and harassment and there was dowry demand and the deceased was murdered within 7 years from the date of her marriage.

The applicant is father in law and no overt act has been assigned on his part.

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the court in support of the charge, the applicant is entitled to be released on bail.

Let the applicant Brij Mohan Chauhan involved in case crime no. 696 of 2008, under section 304B, 498A, 201, 342, 504, 506 IPC and 3/4 D.P. Act, P.S. Jeanpur, District Azamgarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 5.7.2010 Masarrat