RAVINDRA SINGH,J. - (1.) - This application has been filed by the applicant Akash with a prayer that he may be released on bail in case crime no. 154 of 2009 under sections 498-A,304-B I.P.C. and section ¾ of D.P. Act P.S. Kosi Kalan district Mathura.
(2.) HEARD Sri Rajul Bhargava, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Rahul Chaturvedi, learned counsel for the complainant. The facts in brief of this case are that the F.I.R. of this case has been lodged by Govind on 9.3.2009 at 9.15 p.m. in respect of the incident which had occurred on 9.3.2009 before 11.00 a.m. It is alleged that the marriage of the deceased was solemnized with the co-accused Briji about six years of the alleged incident and her sister Meera was married with the applicant, after marriage the demand of dowry was raised and both the sisters were put on harassment by their mother in law and father in law husband and others. The first informant had made efforts to pacify their in- laws and both the sisters were sent to their in laws house but the applicant and three others co-accused persons set on fire in the morning of 8.3.2009 the deceased Amrawati, the first informant got the information at 11.00 a.m. that his sister is burnt, she was being taken to Safdarganj Hospital, Delhi. Thereafter, the first informant along with Sobha Ram, Gram Pradhan Vijai and others came to Safdarganj Hospital Delhi where the applicant, husband of the deceased, father in law, mother in law of the deceased were not present, whereas some others relatives were present. It was informed by the second sister of the first informant who is married to the applicant that the applicant and other co-accused persons have made an attempt to commit the murder of the deceased by way of putting her on fire. According to the postmortem examination report the deceased has sustained 95% burn injuries. The applicant applied for bail before the learned Sessions Judge Mathrua, who rejected the same on 4.7.2009.
(3.) IT is contended by the learned counsel for the applicant that the applicant is the devar of the deceased, he is living separately, he was having no concerned with the family affairs of the deceased and her husband. There is no specific allegation in respect of any item as dowry, was demanded by in-laws of the deceased. The deceased and her sister are married in the same family with the real brothers, they are living happily, there was no demand of dowry. The deceased has committed suicide by way of putting herself on fire, it has been stated by the witness of the locality before the I.O. that the deceased was not satisfied with the behavior of her husband, he was a truck driver, he used to go on long trip for many days, it was not liked by the deceased, she put pressure to leave the job of driving but the co-accused Briji refused to leave the job because it was the source of his livelihood. Thereafter, in annoyance she committed the suicide because the suicide was not on account of the demand of dowry or any other harassment. The case of the applicant is distinguishable with the case of the husband of the deceased, he may be released on bail.;