RAVINDRA SINGH,J - (1.) HEARD Sri Kamal Krishna, learned Senior Advocate, assisted by Sri Sanjeev Kumar Asthana, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri B.K.Singh Raghubanshi learned counsel for the complainant and perused the record.
(2.) THIS bail application has been moved by the applicant Vinay Sigh alias Sonu with a prayer that he may be released on bail in Case Crime No. 1353 of 2009 under sections 498A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Jaunpur. The facts, in brief, of this case are that the FIR has been lodged by Vinod Kumar Singh on 10.8.2009 at 3.45 p.m. in respect of the incident which had occurred on 9.8.2009 at about 4.00 p.m., it is alleged that the marriage of the deceased Smt.Hem Lata Singh alias Teenu was solemnized with co-accused Ajay Kumar Singh, the elder brother of the applicant on 17.2.2009. The in- laws of the deceased were not satisfied with the dowry given in the marriage, they were demanding Rs. One lac, one Hero Honda Motor Cycle and some ornaments as dowry. To fulfil the aforesaid demand, they were subjecting the deceased to the cruelty but Ambika father- in- law of the deceased called the first informant by giving telephonic message on 9.8.2009 at about 4.00 p.m., the first informant and other came to the house of the deceased and saw that the deceased was in a dead condition, it was informed that she had committed suicide by way of hanging herself but seeing the injuries on the neck it was believed by the first informant that the deceased was killed by way of strangulation or throttling. According to the post mortem examination report, the deceased has sustained contusion mark 16 cm x 2 cm. slightly obliquely place in front of neck, the cause of death was due to asphyxia, as a result of strangulation, the applicant applied for bail before the Additional Sessions Judge, Jaunpur, who rejected the same on 30.9.2009.
(3.) IT is contended by learned counsel for the applicant that the applicant is dewar of the deceased, he was having no concern with the demand of dowry and subjecting the deceased to the cruelty, there are general allegations against the applicant and other co-accused, there is no specific allegation against the applicant. The case of the applicant is distinguishable with the case of the husband of the deceased. The symptoms shows that it was not a case of strangulation but it was a case of hanging, the husband of the deceased was suffering from AIDS, it was detected, therefore, she committed suicide, its proper information was given to the first informant on that information, they came at the place of occurrence. The applicant is having no criminal antecedent, he is in jail since 15.9.2009.;