- (1.) RAVINDRA Singh, J. This is application is filed by the applicant Ram Prasad with a prayer that he may be released on bail in Case Crime No. 163 of 2006, under Sections 498-A, 304-B, 316 I. P. C. P. S. Rasoolabad District Kanpur Dehat.
(2.) THE prosecution story in brief is that the F. I. R. of this case has been lodged by Roshan Lal on 3-5-2006 at 3. 10 p. m. in respect of the incident which had occurred on 25-3-2006 at about 8. 00 or 9. 00 a. m. , distance of the police station was about 9 k. m. from the alleged place of occurrence. It is alleged that the marriage of the deceased Smt. Manju was solemnized with Vinay Kumar son of the applicant on 18- 5-2002, the applicant and other co-accused persons were not satisfied with the dowry given in marriage, thereafter they raised demand of Rs. 10,000/- and one ring of gold. To fulfil the demand of dowry, the deceased was subjected to cruelty even on some occasion, she was expelled form their house. On the day of alleged occurrence the deceased was beaten by the applicant and other co-accused persons and she was put on fire, at that time the deceased was having pregnancy, its information was not given to the first informant, but some villagers gave information to the first informant then he came to Hailet Hospital where he found the deceased in an injured condition, where her in laws were not present. Due to burn injuries received by the deceased she gave birth to a dead child but subsequently, the deceased died on 3-3-2006 at about 6. 00 p. m. According to the post-mortem examination report, the deceased had received burn injuries and cause of death was shock due to septicaemia due to ante-mortem burn injuries. The dying declaration of the deceased was also recorded on 29-3-2006 in which she clearly stated that she was put on fire on 25-3- 2006 prior that she was beaten by the danda and chain of the cycle by her husband, at that time other co-accused persons were also present there who were provocating the husband of the deceased to commit the murder of the deceased. She made allegation in respect of demand of dowry and subjecting the deceased to cruelty. Heard Sri Nand Lal Maurya, learned Counsel for the applicant and the learned A. G. A. and Sri K. K. Misra, learned Counsel for the complainant.
(3.) IT is contended by the learned Counsel for the applicant that the applicant is the father-in-law of the deceased. He was having no concern with the demand of dowry and subjecting the deceased to cruelty. The F. I. R. of this case is too much delayed and no reliance can be placed on the dying declaration and the deceased was not subjected to cruelty soon before her death. The applicant is the father-in-law of the deceased. The deceased was subjected to cruelty to fulfil the demand of dowry by the applicant and other co-accused persons. The applicant and his family members had left the hospital even they were not present at the time of preparation of the inquest report. The dying declaration of the deceased had been recorded in which she had made specific allegation against the applicant of pouring kerosene oil on her person and thereafter the deceased was set on fire by her husband. Active role of the applicant has been shown, in such situation the application may not be released on bail. Considering the facts, circumstances of the case, dying declaration of the deceased, the submissions made by the learned Counsel for the applicant and the learned Counsel for the complainant, and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused.;