Virendra Kumar Gupta v. State Of Up

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 the deceased herself has committed suicide and she has left suicidal note. There is nothing against the applicant. It is further contended that co-accused Smt. Vijay Laxmi Gupta has already been allowed bail by this court and the case of the applicant stands on same footings. The applicant is in jail since5.8.2009.

Learned A.G.A. has contended that the deceased had died within 7 years from the date of her marriage and she was subjected to cruel treatment and harassment.

Gone through the suicidal note and post mortem report. There is no dying declaration of the deceased. In her suicidal note she has not made any allegation against the accused persons.

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 Virendra Kumar Gupta involved in case crime no. 368 of 2009, under section 498A, 304B IPC and 3/4 D.P. Act, P.S. Rail Bazar, District Kanpur Nagar 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 :- 10.5.2010 Masarrat