2007 Supreme(All) 2979

[2008(1) ADJ 14 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : SHIV CHARAN, J.
Smt. RADHA ......Applicant
Versus
STATE OF U.P. AND ANOTHER ........Opposite Parties
(Criminal Misc. Bail Cancellation Application No. 20673 of 2004,
decided on 11th December, 2007)

Headnote:(A) Criminal Procedure Code, 1973—Section 439(2)—Evidence Act, 1872—Sections 74 and 77—Bail—Cancellation of—Offence under Sections 498-A, 304-B and 201 of IPC and Section 3/4 Dowry Prohibition Act—Cancellation of bail sought on ground that material facts have concealed by opposite party No. 2—Inquiry ordered as to determine genuineness of birth certificate—CJM found birth certificate forged—Applicant was granted bail by placing reliance on averments of applicant—For determining fact of marriage reliance was placed on school birth certificate of son/child—Upon conducting enquiry birth certificate found forged—Interest of children can be considered at time of fresh bail application.

       (B) Evidence Act, 1872—Sections 74 and 77—Birth certificate—Whether a public document—Have got evidentiary value—Document forming part of document of official bodies are public document—Certified copy of public document is admissible in evidence—Entry in birth register was made by competent authority in discharge of official duties—On very date on which child was born.

       Application Allowed.