VEDPAL,J. - (1.) HEARD Sri Ram Babu Sharma, learned counsel for the applicant and learned A.G.A. for the State at considerable length and perused the record.
(2.) THE applicant Kuldeep is involved in case crime no. 296 of 2008 under Sections 498-A, 304-B I.P.C. and D.P.Act, Police Station Pilkhuwa district Ghaziabad. The prosecution case, in brief, as is revealing from the record, is that accused-applicant Kuldeep was married with Smt. Jyoti about three years before the date of incident. It is alleged that on 20.5.2008 accused-applicant Kuldeep along with his mother Smt Jaiwati committed dowry death of Smt. Jyoti due to non -fulfillment of demand of dowry. It is alleged that there was consistent demand of a motor cycle in the dowry and when demand was not fulfilled, this incident was committed. The report of the said incident was lodged by Ram Kishore on 21.5.2008 at 5.30 a.m. at the Police Station.
(3.) LEARNED counsel for the applicant assailing the veracity of the above prosecution case and proposed evidence contended that the applicant has been falsely implicated in this case and it is not a case of dowry death. That, in fact, the father of the deceased Smt. Jyoti had taken Rs.2, 60, 000/- from the applicant before the incident and the report has been lodged so that money may not be refunded to the applicant. That the allegation of demand of dowry and harassment in relation thereto is absurd and baseless. That, in fact, two days before the date of incident the applicant Kuldeep had gone to fetch milk from other villagers and when he was about to return the heavy rain started, so he reached home a bit late and on that account there was exchange of some hot words between the applicant and his wife Smt. Jyoti and being short tempered and sensitive Smt. Jyoti committed suicide in the night by pouring kerosene oil on her. That no mark of any other injury was found on the person of the deceased and as such the applicant deserves bail.;