Ram Dulari vs State of U.P.

Raj Mani Chauhan, J.

Learned A.G.A. files counter affidavit, which is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The accused applicant Smt. Ram Dulari is involved in Case Crime No. 983 of 2009, under Section 304 I.P.C., from Police Station Ramgaon, District Bahraich.

The submission of learned counsel for the accused applicant is that as per version of the F.I.R., an altercation between Shiv Kanti (deceased), wife of complainant Mata Prasad and the accused applicant Ram Dulari, wife of Rajesh Kumar was going on. During the course of altercation, accused applicant Ram Dulari had pushed the deceased Shiv Kanti who fell down and died. Learned counsel for the accused applicant contends that from a perusal of the post mortem examination report of the deceased, it appears that no external injury was found on the body of her person. As per opinion of the doctor who conducted the autopsy examination of the deceased, the cause of death was not ascertained and viscera was preserved. In this way, as per post mortem examination report of the deceased, it appears that deceased had not died on account of any injury she had sustained during the course of altercation. In view of the evidence collected by the Investigating Officer, no offence under Section 304 I.P.C. is made out. The accused applicant has got no criminal history. Therefore, she deserves to be released on bail.

Learned A.G.A. opposed the prayer for bail.

Considering the submissions of learned counsel for the applicant, learned A.G.A. as well as keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, the accused applicant may be released on bail.

Let applicant Smt. Ram Dulari be released on bail in the aforesaid case crime number on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.