RAJ MANI CHAUHAN, J. - (1.) LEARNED counsel for the applicant files rejoinder affidavit, which is taken on record. Heard learned counsel for the applicant and learned A.G.A for the State as well as perused the record. The accused applicant Arun Kumar Kasera, S/o Ravindra Kumar Kasera, R/o Mohalla Rai Sahab near Bank of India, Police Station and Kasba Tikait Naar, District Barabanki is involved and detained in Case Crime No. Case Crime No. 419/2009, under Sections 498-A, 304-B IPC & 3/4 Dowry Prohibition Act, from P.S. Tikait Nagar, District Barabanki and he has applied for bail. The prosecution case as disclosed in the First Information Report, in brief, is that the complainant Badluram Kasera, S/o Late Ram Khelawan, R/o Mohalla Gulamali Pura, P.S. Dargah Sharif, District Bahraich had married his daughter Rubi to accused Arun Kumar Kasera, S/o Ravindra Kumar Kasera, R/o Mohalla Rai Sahab near Bank of India, Police Station and Kasba Tikait Naar, District Barabanki in the month of February, 2004. He had presented dowry to the accused as per his financial capacity but when his daughter went to her marital home accused Arun Kumar Kasera, his father Ravindra Kumar Kasera, his mother, his uncle Shiv Narayan and his younger brother Amresh used to harass and torture her for bringing insufficient dowry. They had turned her away so she was living at her house for the last three month prior to the date of occurrence. Sometime 9 days back prior to the date of occurrence, Arun Kumar Kasera went to her maika, he after convincing him took the deceased with him. The further allegation of the complainant is that all the accused on 25.11.2008 had set her daughter ablaze for dowry. The complainant had lodged the written report of the occurrence on the same day at P.S. Tikait Nagar. The police of P.S. Taikait Nagar and on the basis of written report of the complainant the police registered a case against the accused under Sections 498-A, 304-B IPC & 3/4 Dowry Prohibition Act against the accused for investigation.
(2.) THE submission of learned counsel for the applicant is that although the applicant is the husband of the deceased but it was not a case of homicidal death; rather the deceased had set herself ablaze. It was a case of suicidal death. Learned counsel submits that the deceased was suffering from abdominal pain since long. She was not enjoying good health. She was under regular treatment. She was short tempered too. On the fateful day, the deceased was beating her son when the accused objected her she became furious. There had been hot talk between them. The deceased thereafter went to her room closed the door and bolted the same from inside and set herself ablaze. When the people of the locality gathered after seeing the smoke, they broke open the door and found her dead. In this way, it was a case of suicidal death not a case of homicidal death on account of demand of dowry. The further submission of learned counsel for the applicant is that the complainant in the First Information Report has mentioned nothing as to what was being demanded by the accused in the form of dowry. The complainant later on developed story that the accused were demanding Rs. 20,000/- in cash and golden ring. The complainant introduced this fact in his statement just to give a shape to the prosecution story. In this case, the complainant had made the accused Arun Kumar Kasera's younger brother Amresh as an accused who is younger than the deceased. The Investigating Officer questioned the complainant as to how he had made him accused, the complainant answered that his family members had got the written report prepared. From a perusal of the statement of the complainant, it appears that the complainant had not fairly mentioned the real fact in the written report. The conduct of the complainant was not fair in lodging the First Information Report; rather he wanted to rope the entire family members of the accused in the false case. The further submission of learned counsel for the applicant is that the father-in-law and the mother-in-law of the deceased were living separate which is proved from the document but they have been made accused in the alleged offence by the complainant. In fact the complainant had lodged a false written report against all the accused. The further submission of learned counsel for the applicant is that the Investigating Officer has recorded the statements of the neighbourers of the accused during the course of investigation recorded the statements of Sri Rajendra Kumar Soni, Sri Ram Prakash and Sri Lalji Vaisya who are the neighbourers of the accused. They have stated that the deceased herself had set ablaze in her room closing the door of the room from inside. They reached at the place of occurrence and broke open the door. These facts go to show that the deceased herself had set her to fire. The further submission of learned counsel for the applicant is that the prosecution is relying on the two letters alleged to have been written by the deceased in which she had levelled charges against the accused for demand of dowry. But these letters bear the seal of post-office outside as well as inside too. In fact these letter are forged documents which have been got prepared by the complainant during the investigation. In view of the facts and circumstances of the case, it appears that the deceased had herself committed suicide. The accused is languishing in jail since 2008, therefore, he deserves to be released on bail.
(3.) THE learned A.G.A. opposed the bail application and argued that the accused being husband is mainly responsible for the safety and security of the deceased. The deceased had died under unnatural circumstances at the house of the accused within 7 years of the marriage. The allegation of demand of dowry is there. Keeping in view of the nature of the offence, the accused does not deserve to be released on bail. Considered the submission of the learned counsel for the applicant and the learned A.G.A. Keeping in view of the totality of the facts and circumstances of the without expressing any opinion on the merit of the case the accused may be released on bail. Let the accused Arun Kumar Kasera be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.;