RAVINDRA SINGH, J. - (1.) THIS appli ­cation has been filed by the applicant Ramesh Mishra @ Ramesh Kumar Mishra with a prayer that he may be released on bail in Case Crime No. 234 of 2007 under sections 498 -A, 304 -B and 302IPC and sec ­tion 3/4 Dowry Prohibition Act, P,S. Shivli, District Kanpur Dehat.
(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Uma Shanker Dixit on 22.9.2007 at 5.10 p.m. in respect of the incident which had occurred on 22.9.2007 at about 2.00 p.m. It is alleged that the marriage of the deceased was solemnized with the applicant's son thereafter the demand of Rs. 1 Lac was raised by in -laws of the deceased. To fulfill this demand of dowry the deceased was subjected to cruelty. The first informant has given the assurance to pay the demanded money as soon as it is arranged even then the deceased was continuously subjected to the cruelty by the applicant and other co -accused persons. Ultimately on 22.9.2007 at about 2.00 p.m. the deceased Sikha and deceased Km. Abha aged about 5 years, the grand daughter of the applicant were set on fire in which they have lost their lives. The FIR was lodged under sections 498 -A, 304 -B IPC and Dowry Prohibition Act but during investigation section 302 IPC has also been added. According to the post a mortem examination report both the de ­ceased have died due to burn injuries and the smell of kerosene oil was present. Heard Sri P.K. Singh, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Rajesh Chandra Gupta and Sri Mayank Kumar Gupta learned Counsel for the complainant.
(3.) IT is contended by learned Counsel for the applicant that applicant is innocent person. He has not committed the alleged offence. There was no demand of dowry and the allegation in respect of demand of dowry is false and concocted. The letter dated 13.7.2004 allegedly written by the daughter -in -law of the applicant appears to be forged because the original letter could not be shown by the first informant to the I.O. The daughter -in -law of the applicant has committed suicide by putting herself on fire and she had put her daughter also on fire and the cause of death was not on account of demand of dowry or subjecting the deceased to the cruelty. The applicant is peace loving persons, he is not having any criminal antecedent, there fore, he may be released on bail.;