SHIV SHANKER,J. - (1.) THIS is the first bail application moved on behalf of the applicant Jitendra @ Manoj son of late Sri Ramesh Chandra involved in case Crime No. 311 of 2006, under Sections 498 -A, 304 -I B IPC. read with Sections 3/4 D.P. Act, Police Station Gandhi Park, district Aligarh.
(2.) HEARD learned Counsel for the applicant and learned Counsel appearing on behalf of the complainant as well as the learned A.G.A. I have also perused the whole records. Learned Counsel for the applicant has submitted that the deceased Smt. Mamta was suffering from thyroid problem and having no issue hence she was under depression and in the state of depression, she committed suicide even then the applicant took her to the hospital and information regarding it was sent through his relative to the family members of the deceased and when they reached at Malkhan Singh Hospital, then they saw that the applicant was present at the said hospital and this fact was stated in paragraph 7 of the affidavit filed by Smt. Shaulini Devi wife of Shri Vijai Kumar (wife of first informant). In fact, no such incident had even taken place and there was no demand of dowry and the entire prosecution story is flimsy in nature. It is further submitted that the medical evidence does not support the prosecution story because cause of death has been shown in the post -mortem report due to asphyxia as a result of hanging. However, according to the version of the First Information Report, six persons have strangulated the decease and there was no fracture of hyoid bone or any other evidence of violence in the post -mortem report. It is further submitted that the cousin brother of the deceased, namely, Naveen Kumar was also living with her at her matrimonial house. It also indicates about the respect and freedom of the deceased at her matrimonial house. In this regard, the ration -card (Annexure -5) is on record, which supports the fact of living her cousin brother. It is further submitted that the marriage in question was solemnized without taking any dowry in any shape and nothing was ever demanded as dowry. On the contrary, the deceased was living happily at her matrimonial house. In this regard, large neighbourers had filed their affidavits before the Senior Superintendent of Police, Aligarh which are part of the case diary. Out of these affidavits, one affidavit filed by Kailash Chand is on record as Annexure -6.
(3.) IT is further submitted that the deceased Smt. Mamta was suffering from thyroid and abdomen and, as such, she was medically treated under the surveillance of Kumar Nursing Home, Ram Ghat Road, Aligarh in between 6 -5 -2005 and 16 -5 -2005. During the course of the aforesaid treatment, some bleeding was started to Smt. Mamta and on 19 -5 -2005, she was taken to the Shiv Nursing Home and Medical Centre, Ramghat Road, Aligarh but she could not get any relief. Therefore, on the same day, i.e. 19 -5 -2005, the applicant took her to Dr. Kusum Saxena, a renowned Gynecologist of Aligarh to which the prescription is available on record. It is further submitted that Smt. Mamta -deceased, was not getting relief from her Gynecological problems, as such, the applicant took her to Dr. Smt. Aruna Mittal, based at Ratan Hospital, G.T. Road, Aligarh where she was medically treated from 22 -8 -2005 to 8 -12 -2005. The prescription in this regard is available on record. The above prescription would go to show that Smt. Mamta was suffering from severe thyroid and Gynecological problems and she met with sport abortion and she was not having any issue as a result of which under the state of depression she committed suicide. She was also taken to the hospital by the applicant -husband and information in this regard was also sent by the applicant through his close relatives to the family members of the deceased whereupon they reached there and dispute arose on the point of returning of the belongings and ornaments. Thereafter, the brother of the deceased lodged the frivolous F.I.R. against applicant.;