- (1.) HEARD Sri V.P. Srivastava, Senior Advocate assisted by Sri Lav Srivastava, learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the case diary.
(2.) THIS bail application has been moved by the applicant Manish Gupta with a prayer that he may be released on bail in case crime no. 190 of 2011, under Sections 498A, 304B IPC and Section ? Dowry Prohibition Act, P.S. Ram Chandra Mission, District-Shahjahanpur. The facts, in brief, of this case are that the F.I.R. has been lodged by Smt. Pushpa Agrawal on 27.4.2011 at about 7.30 p.m. in respect of the incident allegedly occurred on 21.4.2011. It is alleged that the marriage of the deceased Smt. Aparna was solemnized with the applicant about five and half years prior to the alleged incident, in marriage the money was spent by the first informant according to her financial status. But the applicant and his family members were not satisfied, they were demanding Rs. 50,000/- as dowry. Due to non-fulfilment of the above mentioned demand, the deceased was subjected to cruelty and threat of committing her murder was also extended. On 18.4.2011, the deceased given a telephonic message that she was being beaten by the applicant and other co-accused persons due to non-fulfilment of demand of dowry. On 19.4.2011, the applicant extended the threat on phone that in case the amount of Rs. 50,000/- is not given to him, either the deceased would be expelled from the house or she would be killed. On 21.4.2011, the first informant received an information that the deceased has been killed by the applicant and other co-accused persons due to non-fulfilment of demand of dowry and the dead body has been hanged. The dead body of the deceased was lying inside the house, she had sustained injuries on her neck. According to post mortem report, the deceased had sustained a ligature mark on her neck. The cause of death was asphyxia as a result of ante mortem hanging. The applicant applied for bail before the learned Sessions Judge, Shahjahanpur, who rejected the same on 19.9.2011. It is contended by learned counsel for the applicant that the applicant is husband of the deceased. The allegation with regard to the demand of dowry and subjecting the deceased to cruelty is absolutely false and frivolous. The deceased was mental patient, she was constantly under treatment of the doctors. The deceased had committed suicide. Its information was given to the police by Sri Mahesh Chandra Gupta, father of the applicant, its information was given to the first informant and her family members. The alleged occurrence had not taken place on 21.4.2011, it had taken place on 22.4.2011 at about 4.00 p.m., this information was taken down by the police in G.D. No. 12 dated 23.4.2011, on that information, the inquest report was prepared on 23.4.2011. At that time, the first informant and her family members were present there. The real brothers of the deceased, namely; Neeraj Agrawal and Pankaj Agrawal are witnesses of the inquest report. The wife of Neeraj Agrawal, namely; Nisha Agrawal is also witness of the inquest report. The father of the applicant Mahesh Chandra Gupta was also witness of the inquest report. According to opinion of the Panches, the deceased had committed suicide by way of hanging herself from a ceiling fan. Thereafter, the post mortem report was done. The statement of Neeraj Agrawal, the brother of the deceased was recorded by the I.O., he himself had admitted that the deceased was mentally ill, she was treated in Bharat Nursing Home, Lakhimpur Khiri. He along with his wife, mother and brother participated in the cremation. After marriage, they have entered into compromise between the parties and the applicant was asked to purchase Kishan Vikash Patra of Rs. 2 lacks for the future protection of the life of the mail child, who was aged about 5 years. Kishan Vikash Patra of Rs. 2 lakhs were purchased in the joint name of the applicant and Neeraj Agrawal, the brother of the deceased on 25.4.2011. The statement of the first informant was also recorded under Section 161 Cr.P.C., she did not reply to a question relating to illness of the deceased. The F.I.R. of this case has been lodged due to ulterior motive. In the present case, Dr. Sanjeev Singh has been interrogated under Section 161 Cr.P.C. According to his statement, he had treated the deceased, who was suffering from the mental disease. The deceased had committed suicide, not on account of demand of dowry or cruelty committed by the applicant and other co-accused persons, but she had committed suicide on the account of her mental illness. The applicant is innocent, he may be released on bail.
(3.) IN reply of the above contention, it is submitted by learned A.G.A. that the death of the deceased was unnatural which had occurred within five and half years of her marriage. The allegation of demand of dowry and subjecting the deceased to cruelty has been made. The document available on the post mortem examination report shows that the deceased was hanged from the ceiling fan, but I.O. has not found anything by which the deceased approached the ceiling fan for the purpose of hanging. Therefore, the applicant may not be released on bail. Considering the submission made by the learned counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that in the present case, the allegation of demand of dowry and subjecting the deceased to cruelty to fulfilment the demand of dowry has been made. The deceased has given an information through a telephone on 18.4.2011 that she was being subjected the cruelty due to non-fulfilment of demand of dowry. The allegation has been made that the applicant has extended the threat to fulfilment of demand of dowry by giving the telephonic message on 19.4.2011 and on 21.4.2011, the first informant received the message that the deceased has been killed. According to F.I.R., the marriage of the deceased was solemnized about five and half years prior to the alleged incident. The deceased had died due to hanging.;