- (1.) The applicant, being the complainant in case cr no. of 2010 under Section 498A, 304B IPC and Sec. 3/4 of the Dowry Prohibition Act, P.S. District Aligarh, has applied for the cancellation of bail granted to the OP/accused Pankaj Sharma by the orders of this Court dated 23.11.2010 passed in Criminal Misc. Bail Application No. 20721 of 2010.
(2.) The factual matrix in nutshell is that the applicant married his daughter Rajrani Sharma with the son of the OP Pankaj Sharma in the year 2010. She died of an unnatural death at her nuptial house, soon after the marriage. The applicant here, lodged an FIR against the OP Pankaj Sharma, his son Gagan Sharma, the husband of Smt Rajrani Sharma, and others on 28.05.2010. The OP Pankaj Sharma in this case was released on bail by the orders of this Court detailed above. Against the order for grant of bail, the applicant moved for cancellation before the Hon'ble Apex Court, complaining the unjustified grant of bail to OP, but the prayer was not acceded to and the application for the cancellation of bail was rejected.
(3.) In the meantime, the trial on the basis of FIR lodged by the present applicant, and charge sheet filed thereto proceeded. It is said that while the PW2, Bhumi Prakash Sharma was examined before trial Court on 22.10.2012, and his examination in chief was recorded by the trial court in the pre lunch session and the cross examination was to be recorded in the post lunch session, that during the lunch hours, the OP Pankaj Sharma, the accused facing trial, extended a threat to the witness to negotiate for compromise and to change her statement failing which he shall also be sent to the same place where his sister has been sent. For this occurence of threat to the witness, his son, the applicant lodged an FIR, at P.S. Civil Lines Aligarh which was registered as Crime number 622 of 2012 under Section 228, 504,506 IPC. The applicant also moved the application complaining the act of the OP Pankaj Sharma. Due to this incident of extending threat the examination of the witness could not be concluded and the same was done while the witness was given proper protection. For the offence under section 506 IPC, the investigation proceeded on the basis of the FIR lodged by the present applicant and the same culminated in terms of submission of charge sheet against the OP Pankaj Sharma.;