LAWS(SC)-2021-4-8

SONU Vs. SONU YADAV

Decided On April 05, 2021
SONU Appellant
V/S
Sonu Yadav Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment and order dated 1 December 2020 of a Single Judge of the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No 17334 of 2020.

(3.) A First Information Report, FIR No 0076 of 2019, was registered on 9 February 2019 at Police Station Friends Colony, District Etawah for offences under Sections 498-A and 304-B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act 1861. The First Information Report was registered on the complaint of the appellant, who is the brother of the deceased. The marriage between the deceased and the first respondent was solemnized on 5 July 2018. It has been alleged in the FIR that at the time of the marriage, a cash amount of Rs 15 lakhs, a motor vehicle and other household articles were provided in dowry. It has been alleged that the first respondent and his parents were not satisfied with the amount of dowry and an amount of Rs 5 lakhs was being demanded. On 8 February 2019, it has been alleged that at about 8.45 pm, a phone call was received from a cell phone from the first respondent when the appellant was informed that if he wished to see his sister alive, an amount of Rs 5 lakhs should be arranged. It has been alleged that the phone was then disconnected. However, at 1.30 am on 9 February 2019, the appellant is alleged to have received a phone call requiring him to take away the dead body of his sister. The FIR records that the appellant together with the members of the family went to Etawah and found that the matrimonial home of the appellant's sister was locked. They came to know that her dead body had been kept at the district hospital. On these allegations, the First Information Report came to be registered at 11.49 am on 9 February 2019.