High CourtsSingle Bench

Ikram vs State of Uttarakhand

Uttarakhand High Court · Decided on 16 November 2011 · Citation: (2011) 11 UK CK 0001

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 304B
RESULT
Allowed
CASE NUMBER
2nd Bail Application No. 150 of 2010

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Judgment

6 paragraphs · 237 words

Hon''ble Prafulla C. Pant, J.—Heard.

2.

Applicant Ikram, who is in jail in connection with Crime No. 95 of 2010, relating to offence punishable u/s 304B I.P.C., Police Station- Laksar, District Hardwar, has sought his release on bail.

3.

The first bail application was rejected as not pressed on 21.10.2010. It is submitted that since the first bail application was rejected, now more than one year has passed but the trial has not progressed. It is stated that applicant is in jail for last more than 11/2 year. From the postmortem report, it appears that the cause of death could not be ascertained. It is pleaded in the bail application that the deceased consumed some poisoness substance and fell down on the ground. It is further pleaded that applicant was not in the house at the time of incident.

4.

From the First Information Report, itself it reflects that deceased had suspicion that applicant was having illicit relations with Sobiya (sister-in-law of the applicant), and it is not a case of dowry death.

5.

In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail.

6.

The second bail application is allowed. Let the applicant Ikram, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Hardwar.