Ravindra Singh, J. - (1.) -This application has been filed by the applicant Dheeraj Tiwari with a prayer that he may be released on bail in Case Crime No. 85 of 2006 under Sections 498A, 304B, I.P.C. and 3/4, D.P. Act P.S. Khuldabad, district Allahabad.
(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Nishakant Pandey on 22.4.2006 at about 7.30 p.m. in respect of the incident which had occurred on 22.4.2006. THE F.I.R. has been lodged against the applicant, the co-accused Savitri Tiwari and co-accused Arun Kumar Tiwari alleging therein that the marriage of the deceased was solemnized with the applicant on 21.4.2000, the applicant and other co-accused persons were demanding Rs. 50,000 as dowry and due to non fulfilment of such demand of dowry, the deceased was put on fire by them after pouring kerosene oil consequently she succumbed to her injuries. According to the post mortem examination report, the deceased received superficial to deep burn injuries. The cause of death was shock as a result of ante mortem burn injuries. Heard Sri Satish Trivedi, senior advocate assisted by Sri Radhey Shyam Dwivedi, learned counsel for the applicant, and the learned A.G.A. for the State of U. P.
(3.) IT is contended by the learned counsel for the applicant that the applicant is the husband of the deceased. The allegation against the applicant that he has demanded Rs. 50,000 from the first informant, is absolutely false and baseless, the deceased was never subjected to cruelty. There is no evidence in support of alleged occurrence and the applicant was not present there and the alleged accident has occurred in a kitchen. ITs proper information was given to the first informant. The co-accused Arun Kumar Tiwari, father of the applicant had received substantial burn injuries on his person because he came to rescue of the deceased. He was medically examined on 23.4.2006. He had received superficial burn injuries. Therefore, the allegation of putting the deceased on fire by pouring kerosene oil is absolutely baseless, false and frivolous. The applicant is innocent and he has not committed the alleged offence but he has been falsely implicated due to ill will of the first informant. Therefore, he may be released on bail. In reply to the above contention it is submitted by the learned counsel for the applicant and the learned A.G.A. that the death of the deceased was unnatural, which had occurred sixth or seventh years of her marriage. She was put on by fire by the applicant and other co-accused persons by way of pouring kerosene oil. There is no evidence to show that she was caught by fire accidentally. The allegation of demand of dowry is there and to fulfill the same she was subjected to cruelty. The applicant being the husband of the deceased is the main accused. The co-accused Arun Kumar Tiwari, father of the applicant received burn injuries which show that the deceased was set on fire and to save her life she caught the co-accused Arun Kumar Tiwari, as such in that process he received injuries, which shows that the accused persons were present there. In the post mortem examination report the smell of kerosene oil was present over the body of the deceased which further goes to show that she was not caught fire accidentally. Therefore the applicant is not entitled for bail.;