RAVINDRA SINGH,J. - (1.) HEARD Sri Y.K.Srivastava, learned counsel for the applicant, learned A.G.A. for the State of U.P., Sri Satyaveer Singh, learned counsel appearing on behalf of the complainant and perused the record.
(2.) THIS bail application has been filed by the applicant Smt. Urmila Devi with a prayer that she may be released on bail in case crime no. 44 of 2009 under sections 498-A, 304-B I.P.C.and section ¾ Dowry Prohibition Act, Police Station Linepar, District Firozabad. It is contended by learned counsel for the applicant that applicant is the first wife of co-accused Shiv Shanker whose second wife Smt. Kusma has lost her life in the said incident. Her marriage was solemnized in the year 2002 with co-accused Shiv Shanker. From the wedlock of the applicant and co-accused Shiv Shanker, no issue was born that is why co-accused Shiv Shanker re-married with the deceased. But from their wedlock also, no child was born. The allegation regarding demand of motorcycle, she buffalo and Rs.50,000/- is absolutely false and baseless, there was no demand of dowry. The deceased was not having any concern with the family affairs of the deceased and co-accused Shiv Shanker, she was living separately, the deceased has sustained burn injury accidentally, she was taken to the hospital by her in-laws but during treatment her dying declaration was recorded, it was tutored dying declaration, no reliance can be placed of such dying declaration but the deceased succumbed to her injuries. According to post mortem examination report, the cause of death was due to extensive burn injuries. The case of the applicant is distinguishable with the case of the other co-accused persons, she is a woman, she is in jail since 26.5.2009, she may be released on bail.
(3.) IN reply of the above contention, it is submitted by learned A.G.A.and counsel appearing on behalf of the complainant that the marriage of the deceased was solemnized with co-accused Shiv Shanker in the month of May 2002, the applicant is his first wife, she was also living along with deceased and co-accused Shiv Shanker, the demand of motor cycle, she buffalo and Rs.50,000/- was made, on non-fulfilment of such demand by pouring the kerosene oil, the deceased was set on fire on 21.3.2009 at about 5.00 p.m., the dying declaration of the deceased was recorded by learned Magistrate concerned, according to her dying declaration, the deceased was cooking the food, she was set on fire by the applicant and co-accused Shiv Shanker, the death of the deceased was unnatural and active role has been attributed to the applicant also, she may not be released on bail.;