RAVINDRA SINGH,J - (1.) THIS bail application has been filed by the applicant Alok Singh alias Alok Kumar with a prayer that he my be released on bail in case crime no. 157 of 2009 under section 498-A,304-B I.P.C. and section ¾ of D.P. Act P.S. Kakadeo district Kanpur Nagar.
(2.) HEARD Sri Naushad Ahmad Siddiqui, learned counsel for the applicant, learned A.G.A. for the State of U.P. From the perusal of the record it appears that the F.I.R. of this case has been lodged by Sahdeo Bux Singh on 7.5.2009 at 9.15 p.m. in respect of the incident which had occurred on 5.5.2009. it is alleged that the marriage of the deceased has been solemnized on 28.7.2008 with the applicant, thereafter, the demand of dowry was raised for which the deceased was subjected to cruelty. Ultimately, the deceased was killed on 5.5.2009 by administering poison. According to the postmortem examination report the deceased has not sustained any ante mortem injury, the cause of death could not be ascertained, hence the viscera was preserved.
(3.) IT is contended by the learned counsel for the applicant that the allegation of demand of dowry and subjecting the deceased to cruelty, is absolutely false and baseless, because there is no demand of dowry and the deceased was never subjected to cruelty. There is no allegation that soon before her death the deceased was subjected to cruelty by the applicant to fulfill the demand of dowry, the deceased was ailing prior to her death best treatment was provided by the applicant but unfortunately, she was not recovered from her illness. The deceased was unable to give birth to a child due to repeated miscarriage, at the time of the death of the deceased, the applicant was not present at his house, under frustration the deceased has taken some poisonous substance, even proper information was given to the father of the deceased, the deceased has died on at 11.30 p.m., its information was given to the father of the deceased at 11.05 a.m., prior to her death attempt were made and information was given to the other relatives of the deceased, she was admitted in Santosh Hospital by one and an amount of Rs. 4,000/- was deposited but unfortunately, the deceased died, inquest report was prepared in the presence of the first informant, thereafter, the postmortem examination report was done on 6.5.2009, the cremation of the dead body was done then the F.I.R. of this case has been lodged on 7.5.2009.The applicant is an innocent person, he has not committed the alleged offence, The applicant is not having any criminal antecedent. Therefore, he may be released on bail.;