VINOD PRASAD, J. - (1.) PAPPU @ Durgpal who is the Jeth of the deceased Manoj Kumari has filed this bail application in Case Crime No. 225/04, under Section 498A, 304B, 201 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Malpura, District Agra.
(2.) I have heard Sri Satish Trivedi learned Senior Advocate assisted by Sri K.K. Dwivedi in support of the bail prayer of the present applicant and the learned A.G.A. in opposition. The prosecution allegation against the applicant as is culled out from the F.I.R, (Annexure A -1) to the affidavit is that the sister of the informant, Manoj Kumari (deceased) was married on 8 -6 -2003 to Laukush Verma, the younger brother of the present applicant. The family members of the deceased were not happy with the dowry given in the marriage and they were demanding Maruti Car instead of Motorcycle. For the non -fulfilment of the dowry the deceased was tortured by Tej Singh Verma, father -in -law, Jeth Dori Lal, Pappu (present applicant), Jethani Guddi and Lavkush Verma. She was also assaulted because of the non -fulfilment of the said dowry. The deceased had expressed her apprehension of being annihilated. Consequently, the informant had left his younger sister Km. Manorma with the deceased. On 31 - 5 -2004 at 1 p.m. Smt. Manoj Kumari (deceased) was squeezed by her husband Laukush Verma, father -in -law Tej Singh, Jeth Dori Lal, Pappu, Jethani Guddi and dragged her inside the room. The sister of the deceased Km. Manorma meanwhile woke up and tried to raise the shouts but she was caught hold by Jethani. Tej Singh, father -in -law, Dori Lal Jeth and Pappu caught hold the limbs of the deceased and Laukush, her husband throttled her to death and subsequently burnt her corpse to obliterate the evidence. Km. Manorma escaped and reached the informant on 1 -6 -2004 and informed about the incident to the informant. The informant went to the police station and lodged the F.I.R. on 5 -6 -2004 at 1 p.m. in respect of the said incident.
(3.) LEARNED Senior Counsel for the applicant contended that in this case the F.I.R. is delayed by 5 days which is unreasonable and for which no explanation has been offered by the prosecution. He further contended that there is no evidence of unnatural death and in fact the deceased died due to illness. He further submitted that the applicant has been assigned only the role of catching hold of the limbs of the deceased and it was the husband Laukush who is alleged to have throttled her to death. He further submitted that the conduct of the husband of throttling to the deceased in presence of her younger sister is highly unnatural and cannot be accepted. He further submitted that Km. Manorma the witness of the prosecution alongwith the other persons have filed their affidavits denying the incident and have stated that the deceased was taken to Amit Jaggi Memorial Hospital and subsequently she was taken to Aurvedic Hospital Banguri. It is stated that on 1 -6 -2004 at 5 p.m. the condition of the deceased deteriorated all of a sudden and she was taken to the Nurshing Home at Khurja but in the midway she lost her breath. She has further testified that the death of the deceased was natural and nobody murdered here. She has further testified that her signatures were obtained on the pretext of taking loan and that after the death of the deceased her parents reached at in -laws house of the deceased. In support of the contention regarding the death of the deceased, some medical prescriptions have been filed alongwith the bail application.;