Vinod Prasad, J. - (1.) Shekher Srivastava, who is the husband of the deceased Smt. Manjari Srivastava has approached this Court for the second time to grant him bail in crime No. 614 of 2004, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. George Town, District Allahabad. His first bail application being Criminal Misc. Bail Application No. 7394 of 2005 was rejected by Hon'ble Mr. Justice C.P. Mishra, since retired, on 12.5.05.
(2.) The thumb nail description of the allegations against the applicant is that the applicant was married to Manjari Srivastava, deceased on 10.2.02 at Allapur, District Allahabad. After the marriage, the applicant's mother Urmila Srivastava, Jeth Bablu Srivastava, Sandeep Srivastava, Sister-in-law Anju Srivastava and other relatives were dissatisfied with the dowry-given in the marriage. The deceased used to complain regarding the assault made on her because of the aforesaid dissatisfaction of the dowry but was consoled by the informant Pramod Kumar Srivastava and his relatives. 15 days before the incident, the deceased Manjari Srivastava had visited her parental house and she had narrated her wooes for demand of dowry but again she was consoled and was sent back on 15.10.04. On 22.10.04 at 3 AM Shyambabu, who is the cousin brother of the present applicant, informed the informant that Smt. Manjari Srivastava had died. The informant rushed to the place of incident and found her daughter dead on the cot. The FIR of the informant was registered at the police station as crime No. 614 of 04, under Sections 498-A, 304-B I.P.C. and D.P. Act P.C. Goerge Town, District Allahabad at 8.30 AM on 22.10.04 itself. The postmortem report of the deceased was conducted at 4.15 PM that day and a ligature mark of 22cmx2cm was found present on her neck and the cause of death was mentioned as asphyxia as a result of hanging. The applicant approached this Court for his bail after the same was rejected by both the courts below but was unsuccessful in his attempt to seek bail from this Court vide bail application No. 7394 of 2005 dated 12.5.05, which order was passed by Hon'ble Mr. Justice C.P. Mishra. Hence, this second bail application of the applicant.
(3.) I have heard Sri Satish Trivedi, learned Senior Counsel on behalf of the applicant and Sri Viresh Mishra, learned Senior Counsel on behalf of the informant and the learned AGA and have gone through the recored of the first and the second bail applications.;