RAVINDRA SINGH,J. - (1.) - Heard Sri V.P. Srivastava,Senior Advocate assisted by Sri Sanjeev Khare,learned counsel for the applicant learned A.G.A.for the State of U.P., Sri R.P.Srivastava, J.P.Yadav, Sri Ajay Dubey and Smt. Kamini Pandey, learned counsel for the complainant.
(2.) THIS bail application has been moved by Shiv Bihari Dubey with a prayer that he may be released on bail in case crime no.264 of 2009 under sections 498-A, 304- B I.P.C. and section ¾ Dowry Prohibition Act, P.S Ghoorpur, District Allahabad. The facts, in brief, of this case are that the FIR of this case has been lodged by Smt. Nirmala on 10.6.2009 at 8.45 p.m. in respect of the incident which had occurred on 10.6.2009. The applicant and 3 other accused persons are named in the FIR, it is alleged that the marriage of the deceased Smt. Sushma was solemnized with co-accused Ravi Kumar Dubey, the son of the applicant, on 10.6.2009. After committing the murder of the deceased for dowry, the information was given to the first informant that the deceased was not feeling well, when the first informant and other witnesses came at the place of occurrence, they saw that the dead body of the deceased was lying. The in laws had demanded some more dowry because the proper dowry was not given in marriage, on telephone it was told by them that on non payment of some money, the deceased would be killed. The marriage of the deceased was solemnized on 31.5.2004. According to the post mortem examination report, the deceased had sustained ante mortem ligature mark all round the neck, the cause of death was as a result of ante mortem strangulation. It is contended by learned counsel for the applicant that even according to the FIR, the marriage of the deceased was solemnised on 31.5.2004 and she has died on 10.6.2009, there is no evidence to show that any demand of dowry was raised by the applicant and the deceased was subjected to the cruelty prior to her death. The allegations regarding the demand of dowry and subjecting the deceased to the cruelty are absolutely false and baseless. The applicant, being the father- in- law of the deceased, was having no concern with the family affairs of the deceased and her husband, the deceased along with her husband were living separately on the first floor of the house, the deceased was suffering from T.B., proper treatment has been provided by her husband, the deceased was issue less, on the day of alleged occurrence, the brother of the deceased was present on her house with one unknown friend, the applicant, his wife and son had gone to Sangam for holly bath on 10.6.2009, when they came back, they found that the door of the house was closed from inside and no response was coming the brother of the deceased waited to get the door opened ,then entry was made from the roof, he noticed that the deceased was hanging with an electric wire. Its information was given to the police station by the applicant on 10.6.2009 at 4.00 p.m. and the proper information was given to the first informant also. The deceased has committed suicide because she was ailing for a long period, the applicant is suffering from Jaundice since a long period, he may be released on bail.
(3.) IN reply of the above contention, it submitted by learned A.G.A. and learned counsel appearing on behalf of the complainant that the plea taken by the applicant that the deceased has committed suicide and the house was closed from inside is absolutely false and base less because according to the post mortem examination report, the cause of death was as a result of ante mortem strangulation. It is a case of homicide not of suicide. In this case, the statements of Deepak Kumar Tiwari, brother of the deceased and his friend Mohit Tiwari were recorded, they stated that the applicant apprised that the deceased had closed the door from inside and they wanted to know the affairs of house, they were allowed to enter the house, they saw that the deceased was hanged by a wire, all the doors were opened, it shows that after committing the murder, the applicant and other co-accused persons tried to give colour of this case as of the suicide. The deceased has been killed within 7 years of her marriage, the applicant and all other co-accused were living jointly. The co- accused Smt. Manju Dubey wife of the applicant has been released on bail by another bench of this court considering the fact that at the time of alleged incident, the father-in-law of the deceased ( applicant ), the only male member of the family was present at the time of death of the deceased, therefore, the applicant may not get benefit of the parity with the co-accused Smt. Manju Dubey, who has been released by another bench of this Court on 20.8.2009 in Criminal Misc. Bail Application No. 20154 of 2009.;