Ravindra Singh, J. - (1.) This application has been filed by the applicant Smt Nattho with a prayer that she may be released on bail in crime case No. 2068 of 2005 under Sections 498-A, 326, 304-B, I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Qila district Bareilly.
(2.) The prosecution story in brief is that an F.I.R. has been lodged by Smt. Madhu at P.S. Qila district Bareilly on 6.10.2005 at 0.05 p.m. in respect of the incident which had occurred on 4.10.2005. It is alleged that the marriage of the deceased Hema Kashyap, daughter of the first informant, was solemnised with co-accused Sonu Kashyap, son of the applicant on 9.6.2005. In that marriage as a gift Rs. 1 lac in cash, one golden chain, 1 ring, 1 colour T.V., a Washing Machine, a Double bed and some other articles of daily use were given to the in laws of the deceased, but they were not satisfied, since the first night of the marriage her in laws were pressing hard and demanding Rs. 50,0007- it was told by the deceased to the first informant and others, thereafter, they tried to persuade her in laws not to harass the deceased but she was subjected to cruelty by the applicant, her husband and her sons, she was subjected to the cruelty to fulfil the demand of dowry, she was expelled from her house, but with the help of some others relatives, the deceased was sent to the house of her in laws on 29.9.2005, but on 4.10.2005 she was murdered by the applicant and other co-accused persons by pouring kerosene oil and putting her on fire, her condition was very serious, therefore, to show a bona fide conduct, her in laws taken the deceased to the hospital but no information was given to the first informant and others. On 5.10.2005 at about 7.00 am. the first informant got the information of the said incident through the maternal uncle of the deceased, on that information the first informant and others came to the hospital where the condition of the deceased was very serious. Therefore, she was shifted by the first informant to the district hospital Bareilly from a private Nursing Home. The F.I.R. was lodged under Sections 498-A, 326, 304-B, I.P.C. and Section 3/4 Dowry Prohibition Act. The dying declaration of the deceased was also recorded in the hospital, thereafter, she died. After the death of the deceased Section 304B I.P.C. was also added.
(3.) Heard Sri Arun Srivastava, learned Counsel for the applicant and the learned A.G.A.;