VIJAY KUMAR VERMA, J. - (1.) IN this 2nd Bail application under section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), prayer for bail has been made on behalf of accused-applicant Dheemant Singh, s/o Balwant Singh Rawat, in case crime No. 268 of 2007, under sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kavi Nagar, District Ghaziabad.
(2.) THE first bail application bearing No. 15520 of 2007 was decided by another Bench of this Court, vide order dated 30.10.2007, whereby the bail was granted. The said order was challenged by the complainant Subhash Chandra Singh in the Hon'ble Supreme Court by means of Criminal Appeal No. 787 of 2009, which was decided vide order dated 20.04.2009 (annexure-3 to this bail application), whereby after setting aside the order dated 30.10.2007, the matter was remitted to this Court for fresh consideration and disposal by reasoned order. Thereafter, the bail was heard by another Bench of this Court and vide order dated 18.05.2009 (Annexure-4), the bail application was rejected. Hence this second bail application. An FIR was lodged by Subhash Chandra Singh, s/o Ram Prasad Singh on 12.05.2007, at P.S. Kavi Nagar, District Ghaziabad, where a case under sections 498-A, 304-B IPC and Section 3/4 D.P. Act was registered at crime No. 268 of 2007 against Dheemant Singh (applicant herein), his father Balwant Singh, Mother Madhur and sister Madhuri. The allegations made in the FIR (Annexure-2), in brief, are that marriage of the daughter of the complainant had taken place on 15.02.2004 with Dheemant Singh, s/o Balwant Singh and after the marriage, the accused persons were subjecting her making demand of dowry. It is also alleged in the FIR that the accused-persons committed murder of the deceased by throwing her on the railway track, due to which she died on 10.05.2007 being crushed by train.
(3.) I have heard arguments at length of Sri V.P. Srivastava, learned senior counsel along with Sri Arun Srivastava and Sri Hemendra Pratap Singh Advocates, appearing for the applicant and AGA Sri Surendra Singh for the State and also perused the entire material on record.;