Vijay Kumar Verma - (1.) PRAYER for bail in this bail application has been made on behalf of the applicant Sudhir Singh s/o Chandra Bali Singh, who is facing trial in S. T. No. 213 of 2007, arising out of Case Crime No. 27 of 2007 under Sections 498A and 304B, I.P.C. and Section 3/4 of D. P. Act P. S. Tarwa, district Azamgarh. The said session trial is pending in the Court of Addl. Sessions Judge, Fast Track Court No. 4, Azamgarh.
(2.) THE applicant is the husband of deceased Smt. Neetu, who died within seven, years of her marriage due to burn injuries in the house of the applicant. An F.I.R. was lodged by Om Prakash Singh (father of the deceased) on 20.1.2007 at P. S. Tarwa (Azamgarh), where a case under Sections 498A and 304B, I.P.C. and Section 3/4 of D. P. Act was registered against Sudhir Singh, Sanjay Singh, Kanchan Devi and Shashi Devi. Shorn of unnecessary details, the allegations made in the F.I.R., in brief, are that marriage of Smt. Neetu had taken place with the accused Sudhir Singh (applicant herein) on 28.5.2006, in which demand of Rs. 50,000 and motorcycle was made, which were given by the complainant. It is also alleged that husband and other in-laws of Smt. Neetu were not satisfied with dowry and started to cause her harassment making demand of colour TV and Rs. 50,000 more. Further case of the prosecution is that when demand of accused persons was not fulfilled, they committed murder of Smt. Neetu by burning her. According to the post mortem report (Annexure 2), the deceased Smt. Neetu Singh had died due to shock caused by ante-mortem burn injuries.
(3.) I have heard arguments of Sri Shivaji Singh Sisodia, advocate appearing for the applicant and A.G.A. for the State. The main submission made by learned counsel for the applicant was that the deceased had committed suicide and since the applicant is not responsible for the commission of suicide by the deceased, hence he deserves bail. It was also submitted in this context that the deceased was never harassed making any demand of dowry and false report was lodged by the complainant.;