SHIV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Applicant-Shiv Kumar, has approached this Court by way of filing the present Criminal Misc. Bail Application under Sec. 439 Cr.P.C. after rejection of his Bail Application vide order dtd. 5/8/2019, passed by Additional Sessions Judge/F.T.C. (O.A.W.), Jhansi, in Case Crime No.278 of 2018, under Ss. 498A, 304B, 302 IPC and 3/4 Dowry Prohibition Act, Police Station Mauranipur, District Jhansi.

(2.) Sister of deceased lodged FIR against applicant (husband), his father, mother and sister, alleging that her sister got married with applicant on 23/4/2017 and at the time of marriage Rs.1.00 lakh was given towards dowry. It was alleged that applicant and his family members were not satisfied with dowry and they repeatedly demanded additional dowry of one Motorcycle from deceased. However, parents of deceased were unable to satisfy the demand. On 25/6/2018 deceased informed her on telephone that accused persons were committing cruelty on her, notwithstanding her pregnancy, in connection with demand of dowry and they would kill her. On 18/7/2018 it was informed that deceased was not well. When family members reached at the place of occurrence, they found her dead. According to post mortem report cause of death was sock and asphyxia due to ante mortem burn injuries.

(3.) Learned counsel for applicant submitted that deceased died while she was cooking food on stove. Family members of applicant got her admitted in hospital to save her life. FIR was lodged after about ten days from the date of occurrence. At the time of occurrence applicant was at Delhi and while he was returning back by train, he fell down and remained admitted in hospital, which was taken note by Investigating Officer and referred in case diary also. There are general allegations with regard to demand of dowry. The allegation that deceased was pregnant at the time of her death, remained unsupported by any medical report. There was no earlier complaint against applicant or other co-accused. It was not a case of homicide. Two co-accused, i.e., mother-in-law and father-in-law, have been granted bail by this Court vide orders dtd. 16/5/2019 and 22/8/2019 passed in Criminal Misc. Bail Applications No. 20573 of 2019 and 8573 of 2019, respectively. It is also submitted that applicant has no criminal history and is languishing in jail since 25/9/2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.