- (1.) REJOINDER affidavit filed today on behalf of the applicant be taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
(2.) THIS is the bail application on behalf of the applicant, Yogesh involved in Case Crime No.1919 of 2009, under Sections 498-A 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Loni, District Ghaziabad. It is alleged by the prosecution that Smt. Soni was married to the applicant Yogesh on 12.3.2009 according to the Hindu Rites and Customes. Dowry according to the capacity was given in the marriage but in-laws including the applicant used to demand Rs.50,000/- in dowry and they used to beat and harass her for non- fulfillment of demand of dowry. Once Panchayat was also convened and thereafter the applicant took his wife to his house. On 3.11.2009, the first informant Pramod Kumar who is brother of the deceased received information from her Jeth that Smt. Soni was admitted in the hospital in unconscious state as a result of consuming poison. During treatment, she died on the next date i.e. 2009. The first information report of the incident was lodged on 4.2009. Inquest report dated 4.2009 shows that there was no visible mark of injury on her dead body and Panches opined her death as a result of poison. 4. Post mortem report of the deceased dated 5.2009 also makes it evident that her nails were bluish and there was one abrasion on the back of her left hand and no other visible injury was found on her dead body. Cause of death could not be ascertained, therefore, viscera was preserved. As per viscera report dated 9.8.2010, insecticide poison was found.
(3.) IT has been submitted by the learned counsel for the applicant- husband that the deceased had love affair with some boy and she wanted to marry with her lover but her family members were not ready for the love marriage and she was forcibly married with the applicant. Even in the Panchayat, this fact of her love with some boy was disclosed but of no use. Consequently, the deceased most of the time used to live at her parental house. Next submission of the learned counsel for the applicant is that the applicant on the day of the incident was on duty at some petrol pump in Jungpura, New Delhi. When neighbour of the applicant informed his father and elder brother about the incident that Smt. Soni consumed some poisonous material then they immediately took her G.T.B. Hospital, Shahadra, Delhi. The applicant being husband immediately rushed to the hospital and for better treatment, admitted her in Yashoda Super Specialty Hospital, Ghaziabad where he deposited huge amount of money by way of several instalments in purchasing the medicines prescribed by the doctor. Receipts of medicines and other expenses incurred by the applicant have been annexed as annexure no.4 to the affidavit filed in support of the bail application.;