Ravindra Singh - (1.) -Heard Sri Satish Trivedi, senior advocate assisted by Sri B. N. Singh learned counsel for the applicant and learned A.G.A. for the State of U. P.
(2.) THIS application has been filed by the applicant Adarsh Kumar with a prayer that he may be released on bail in Case Crime No. 65 of 2006 under Sections 498A, 304B, 323, 504 and 506, I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S. Prem Nagar district Jhansi. From the perusal of the record it appears that the F.I.R. of this case has been lodged by Hari Ram Shahi at P.S. Premnagar on 13.1.2006 at 0.30 a.m. in respect of the incident which had occurred after the marriage of the deceased. The F.I.R. has been lodged against the applicant and two other accused persons. The applicant is husband of the deceased. The marriage of the deceased was solemnized with the deceased on 14.2.2005. After the marriage a demand of Scorpio car was made by the applicant and others. To fulfil the demand of dowry the deceased was subjected to cruelty, even she was beaten by her in-laws and expelled from the house of the applicant on 20.12.2005, thereafter, she was medically examined on 21.12.2005 in Medical College, Jhansi, thereafter, the applicant went to the house of the first informant to call her wife, but his request was not accepted by the first informant because he was not in a position to fulfil the demand of dowry as Scorpio car and a sum of Rs. 2 lacs, but on assurance given by the applicant that the deceased will not be subjected to cruelty again, the deceased was sent by the first informant with her husband. On 10.1.2006, the deceased was beaten by the applicant and other co-accused persons and set on fire, in a burnt condition she was taken to the Medical College, Jhansi, but its information was not given to the first informant and to the police station concerned. The case of the deceased was referred from Medical College, Jhansi to Safdarjang Hospital, New Delhi, but the applicant fled away leaving her wife in a serious condition. Consequently, the deceased died. According to the medical examination report the deceased had received superficial to deep burn injuries. It is contended by the learned counsel for the applicant that there was no demand of dowry and the deceased was never subjected to cruelty and beaten. She was not put on fire by the applicant. According to the dying declaration, the deceased was put on fire by her mother-in-law, therefore, the applicant is not liable for the act done by the mother-in-law of the deceased, therefore, the applicant may be released on bail.
(3.) IN reply of the above contention the learned A.G.A. submits that the applicant is the husband of the deceased. There is allegation of demand of dowry and to fulfil the same the deceased was subjected to cruelty prior to the alleged occurrence. Ultimately, she was put on fire. Her death is unnatural and she has been murdered within a year of her marriage. The applicant, being the husband of the deceased, is sole responsible person, therefore, he may not be released on bail. Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant, the learned A.G.A., and after perusing the record I am of the view that in case of dowry death, in which the allegation of the dowry is made and on non-fulfilment of the demand of dowry, if the deceased is killed by her in-laws, in the presence of her husband, the husband cannot be exonerated for the criminal liability. In the present case, the applicant was present at the time of the alleged occurrence. The allegation of committing cruelty with the deceased is also against him and as per dying declaration the deceased was put up on fire by her mother-in-law, therefore, without expressing any opinion on the merits of the case, the applicant is not entitled for bail. The prayer for bail is refused.;