RAHUL KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The Bail Application No.1901 of 2021 has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with First Information Report No.0095 of 2021, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Ss. 304B, 498A of IPC and Sec. 3/4 of the Dowry Prohibition Act, 1961. After completion of the investigation, the charge-sheet has been filed and offence under Sec. 306 of IPC is added. Therefore, the Bail Application No.2446 of 2021 is filed for grant of regular bail under Sec. 306 of IPC.

(2.) The informant Balveer Singh, father of the deceased, lodged an FIR to the effect that the marriage of his daughter, namely, Anju Rani, was solemnized with Rahul Kumar, the present applicant-accused, on 26/4/2021. After marriage, the applicant started harassing and torturing the deceased for the demand of dowry in the shape of Bolero Jeep. When the said demand was not fulfilled, the deceased was harassed and tortured by the present applicant. On 14/5/2021, the deceased made a phone call to her father and complained regarding her harassment in connection with the demand of dowry by the applicant. On 15/5/2021, the deceased died in her matrimonial house. The First Information Report was registered on the same day i.e. at 22.11 hrs on 15/5/2021. According to the post-mortem report, the cause of her death was asphyxia due to the result of ante-mortem hanging. According to the statement of the Doctor, who conducted the post-mortem, semi-digest food was found during the post-mortem. After completion of the investigation, the charge-sheet has been filed by the Investigating Officer under Ss. 304B, 498A, 306 of the IPC and Sec. ¾ of the Dowry Prohibition Act, 1961.

(3.) Heard Mr. T.A. Khan, the learned Senior Advocate assisted by Ms. Divya Jaiswal, the learned counsel for the applicant, Mr. Siddharth Bisht, the learned Brief Holder for the State and Mr. D.C.S. Rawat, the learned counsel for the informant.