Learned counsel for the applicant files rejoinder affidavit and learned A.G.A. for the State files counter affidavit, which are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The accused Ayodhya Prasad Verma, S/o Late Shiev R$am Verma, R/o Om Nagar, P.S. Kotwali Nagar, District Sultanpur is involved and detained in case crime no. 2012/2009 under Sections 498-A/304-B IPC and 3/4 of Dowry Prohibition Act, from P.S. Kotwali Nagar, District Sultanpur and he has applied for bail.
The submission of learned counsel for the applicant is that the accused applicant is the Brother-in-Law (Jeth) of the deceased. The co-accused Shiv Prasad Verma (Jeth) of the deceased has already been ordered to be released on bail vide order dated 20.4.2010 passed by another bench of this Court in Cr. Misc. Case No. 1932 (B) of 2010 especially on the ground that he was not beneficiary of dowry demanded by the accused as he was living separate from the deceased and her husband. The accused applicant too was living separate from the deceased and her husband. Therefore, accused applicant may also be released on bail on the same ground.
Learned A.G.A. opposed the bail application.
Considered the submissions of learned counsel for the applicant and learned A.G.A. for the State. Keeping in view the totality of the facts and circumstances of the case as well as the fact that co- accused Shiv Prasad Verma, the another Brother-in-Law (Jeth) of the deceased has already been ordered to be released on bail, therefore, without entering into the merit of the case, the accused may also be released on bail.
Let the applicant Ayodhya Prasad Verma be released on bail in the aforesaid case crime number on his furnishing a personal bond of two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.6.2010 Santosh/-