- (1.) V. D. Chaturvedi, J. Heard.
(2.) THE applicant is involved in offence punishable under Section 498-A/304-B I. P. C. and 3/4 of Dowry Prohibition Act, Police Station Mauranipur District Jhansi. It is alleged that the marriage of the deceased Abhilasha was held with the applicant on 16-2-2006. The deceased was handicapped; that after her marriage Rs. 50,000 and a Motor Cycle were demanded by the applicant and other co-accused and they have retained her ornaments; that she was subjected to cruelty for the said demand of dowry and her dowry death was committed on 22-4-2006 by hanging her alive; that next day the complainant Ghanshyam (father of the deceased) received the information hence he alongwith his wife and other persons reached at the house of the applicant and found that Abhilasha was forcibly killed; that the accused had wrongly confined the complainant and his other companions for 2 days and meanwhile disposed of her dead-body without getting its post-mortem; that due to fear the report could not be lodged earlier. The F. I. R. was lodged on 24-7-2006 at 21. 15 hours. The applicant's Counsel contends that Smt. Abhilasha died of her natural death and that the complainant participated in the last ritual of Smt. Abhilasha; that it was due to the complainant's greed that he lodged the F. I. R. against the applicant two months after the incident.
(3.) THE learned A. G. A. replied that due to fear the F. I. R. could not be lodged earlier. Considering that the complainant reached the applicant's house next day of the incident but the F. I. R. could be lodged 2 months after the incident and that there is no post-mortem report of the deceased and that the applicant is in Jail from 6-2-2007, I deem it proper that the applicant, although is a husband, he released on bail in Case Crime No. 902 of 2006 under Section 498-A/304-B I. P. C. and 3/4 of Dowry Prohibition Act, Police Station Mauranipur District Jhansi on his executing a personal bond of Rs. 80,000 and furnishing two sureties of the like amount to the satisfaction of the Court concerned. Bail granted. .;