RAGHUVEER SHARAN SHARMA Vs. STATE

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri Brijesh Sahai, Sri Sarvesh Kumar Dubey, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri G.S. Chauhan, Sri Deepak Dubey learned counsel for the complainant and perused the record.

(2.) THIS application has been filed by the applicant Raghuveer Sharan Sharma with a prayer that the he may be released on bail in case crime no. 147 of 2011, under sections 498-A,304-B,307,326,324,506 I.P.C. and section ¾ of D.P. Act P.S. Nawabad district Jhansi.

(3.) IT is contended by the learned counsel for the applicant that the applicant is the father in law of the deceased, the marriage of the deceased was solemnized on 20.6.2010, according to the Hindu Custom and Rites, it has taken place in a very simple manner, there was no demand of dowry, the allegation that Scorpio vehicle was demanded by the in-laws of the deceased and to fulfil this demand she was subjected to cruelty, is absolutely false and baseless, prior to lodging the F.I.R. no such complaint has been made by the deceased or her patents before the authority of the police etc. in the present case the F.I.R. has been recorded in which she stated that she was caught hold by her Jeth, mother in law, kerosene oil was poured by her devar Ritesh, the co-accused Pragya was having the match box, it is alleged that the applicant, mother in law of the deceased, and the Jeth were empty handed, the husband of the deceased was also there, but he remained a silent spectator. According to her statement recorded under section 161 Cr.P.C. no active role has been assigned to the applicant, the deceased has died in Ram Manohar Lohia Hospital, New Delhi, then this case was converted under section 304-B I.P.C. The Statement of Anil Kumar Tiwari, uncle of the deceased was recorded by Executive Magistrate, on 17.3.2011 and the statement of the father and mother in law of the deceased was recorded on 4.3.2011 and 27.3.2011 respectively. The second statement of the mother of the deceased was recorded on 19.3.2011, dying declaration of the deceased was also recorded on 26.2.2011 since 12.50 p.m. to 1.15 p.m. According to the Dying Declaration kerosene oil was poured by her dever Ritiesh alias Rikki and she was set on fire by her mother in law Smt. Chandra Kumari,Jethani Smt. Pragya, she was set on fire on account of the family dispute, at that time her husband was not present in the house. The applicant was having no concern with the demand of dowry, the applicant is an innocent person, he is in jail since 25.3.2011, therefore, he may be released on bail.