Vijay Kumar Verma, J. - (1.) PRAYER for bail in this bail application under Section 439, Code of Criminal Procedure has been moved on behalf of the applicant Mohan alias Pappu, son of Bhuri Singh, who is facing trial in S.T. No. 29 of 2008, arising out of Case Crime No. 534 of 2007, under Sections 498A, 302 and 201, I.P.C. and Section 3/4, D.P. Act P.S. Etmaddaula, district Agra.
(2.) THE applicant Mohan alias Pappu, is the husband of Smt. Sunita, who died within a period of seven years of her marriage, due to asphyxia as a result of smothering. Her dead body was found lying on 11.8.2007 at about 5.00 p.m. on the bank of Yamuna river, village Nagla Bihari within the limits period of P.S. Etmaddaula, district Agra. Information about the dead body was given at P.S. Etmaddaula by one Babloo. The said information was lodged in G.D. No. 50, on 11.8.2007 at 6.10 p.m. on the basis of that information the inquest on the dead body was conducted and post -mortem examination was also conducted on 15.8.2007. According to the post -mortem report (Annexure -3), ante -mortem injuries were found on the person of the deceased and cause of death was asphyxia as a result of ante -mortem smothering. Sri Bhim Sen, father of the deceased lodged an F.I.R. on 16.8.2007 at P.S. Etmaddaula (Agra), where a case under Sections 498A, 304B and 201, I.P.C. and Section 3/4, D.P. Act was registered at Case Crime No. 534 of 2007 against (1) Mohan alias Pappu (applicant herein), (2) Matre Lal, (3) Kali Charan, (4) Gautam Singh, (5) Bhuri Singh and (6) Vishna Devi. The allegations made in the F.I.R., in brief, are that the marriage of the deceased had taken place about seven years ago with Pappu and dowry as per -capacity was given at the time of marriage, but accused persons began to cause harassment of the deceased making demand of dowry, due to which her father paid Rs. 15,000 -20,000 to her in -laws, but they were not satisfied and making demand of motorcycle and Rs. 20,000 and they continue to cause her harassment. Further case of the prosecution is that on 14.8.2007 Gauri Shankar and Achal Singh went to the sasural of Sunita to bring her to maika and when they reached her sasural, they came to know that in -laws of Sunita after committing her murder had thrown her dead body in Yamuna river, which was found lying there. Gautam Singh informed his father Bhim Sen about this incident, on which he came to the sasural of his daughter and saw her dead body. After performing funeral of dead body of the deceased, the complainant had lodged the F.I.R. I have heard lengthy arguments of Sri Dinesh Tiwari, advocate, appearing on behalf of the applicant and A.G.A. for the State.
(3.) THE first and foremost submission made by learned Counsel for the applicant was that the complainant Bhim Sen has been examined in trial Court as P.W. 1, in S.T. No. 29 of 2008, but he has not supported the case of the prosecution, and hence the applicant is entitled to be released on bail on this ground. For this submission, my attention has been drawn towards statement of Bhim Sen, which has been filed as Annexure -S.A. 1 to the supplementary -affidavit.;