HARISH KUMAR @ HARISH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Pawan Kumar Shukla, learned counsel for the first informant and Sri Ankit Srivastava, learned counsel for the State and perused the material on record.

(2.) This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Harish Kumar @ Harish, seeking enlargement on bail during trial in connection with Case Crime No.421 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Jahangirabad, District Bulandshahr.

(3.) Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is argued that the marriage of the deceased with the applicant was solemnized on 04.07.2020 after which the deceased came back to her house for the festival of Rakhi and was living from 23.8.2020 in her maternal house till the time of the incident. The deceased committed suicide on 05.09.2020. It is further argued that after the deceased committed suicide, an information was given by the father of the deceased to the police on PRV 2096 and dial 112 number which was recorded in G.D. No.9 dated 06.09.2020 at the concerned police station and the information was to the effect that the deceased had committed suicide by hanging herself from a fan. On the basis of the said information, inquest on the body of the deceased was conducted by the Nayab Tehsildar and even in the inquest proceeding, Saurav Bharti, the brother of the deceased was a witness. The inquest proceedings were conducted at the maternal house of the deceased after which the postmortem was conducted and she was cremated. Later on as an afterthought just in order to blackmail and harass the applicant and other accused persons, the present FIR has been registered on 9.9.2020 levelling false and incorrect allegations. The allegation in the FIR is that in the marriage ceremony the first informant who had initially given the information to the police about the deceased committing the suicide, had stated that he had spent around Rs.20 lakhs therein and had given Rs.10 lakhs cash for purchase of I-20 Car and other house-hold articles but the accused persons were not satisfied with the same and were demanding extra money for Creta car which was the reason for torture and harassment of the deceased. In the FIR itself it is mentioned that on 23.08.2020, the deceased was taken back to her maternal house and as such the factum that the deceased was in her maternal house at the time of the incident is not disputed. It is further argued that a new story regarding the applicant having some illicit relationship with some woman has also surfaced in the FIR for the first time and even the story regarding demand of dowry has seen the light of the day for the first time when the present FIR has been registered. The deceased was hail and hearty and had gone to her maternal house out of her own sweet-will. The family members of the deceased just in order to save their skin have lodged the present FIR by levelling false and concocted allegations. It is further argued that even at the time of inquest proceedings, no complaint whatsoever was done by the family members of the deceased to the Nayab Tehsildar who was conducting the same with regards demand of dowry or to any torture or harassment of the deceased due to non-fulfillment of the dowry as has been stated in the FIR. Learned counsel for the applicant has placed annexure no.11 to the affidavit which are the Whats App chats between the deceased and her husband. It is further argued that the relationship between them was good and they were sharing happy moments with each other but the deceased was having complaint about her maternal aunt and her sister and mother about certain facts which were troubling and disturbing her, as such there is no indication even in the Whats App chats to show that there was any rift between the couple. The father-in-law and mother-in-law of the deceased Gajendra Singh and Smt. Ranbiri have been granted anticipatory bail by coordinate Benches of this Court vide orders dated 17.06.2021 and 17.08.2021 passed in Criminal Misc. Anticipatory Bail Application Nos.12028 of 2021 and 12838 of 2021 respectively, copy of the said orders have been produced by learned counsel for the applicant which are taken on record. It has also been pointed out that the applicant is not having any criminal history as stated in para 25 of the affidavit and is in jail since 22.10.2020.