SUMIT AGARWAL Vs. STATE OF U. P.

JUDGEMENT

(1.) The facts giving rise to the instant application are that a first information report dtd. 7/8/2020 was lodged with regard to the incident dtd. 3/8/2020 in Case Crime No. 623 of 2020 under Sec. 498A, 304-B, 323, 506, 313 I.P.C. and Sec. 3/4 of Dowry Prohibition Act, Police Station Tajganj, District Agra with the averments that marriage of the daughter of the opposite party no.2 namely, Deepti was solemnised with the applicant no.1 in which more than Rs.1.5 crores were spent, inspite of the same, the applicants were not happy with the marriage and they started making demand of dowry and due to non-fulfilment of the same, she was tormented. It is also averred that in the year 2017, the applicants assaulted her, due to which she sustained injuries and her medical examination was done in the Government Hospital, Vrindawan. Again on 3/8/2020, the applicant no.2, who is the father in law of deceased telephonically demanded dowry and she was brutally assaulted and to save their skin, the deceased was admitted in Sarvodaya Hospital, Faridabad, where she died on 6/8/2020.

(2.) Thereafter inquest report and post mortem was conducted on 6/8/2020 and the doctor opined the cause of death was shock and septicaemia and the matter was entrusted for investigation.

(3.) The statements of the first informant/opposite party no.2 as well as maid and caretaker of the daughter of the applicant no.1 and deceased were recorded under Sec. 161 Cr.P.C.. In the meantime, the applicant no. 2 filed a Criminal Misc. Anticipatory Bail Application No. 5457 of 2020 (Smt. Anita Agarwal and two others Vs. State of U.P. and another) whereas the applicant nos. 3, 4 and 5 filed a separate anticipatory bail application no. 5460 of 20220 (S.C.Agarwal Vs. State of U.P. and another) and both the anticipatory bail applications were decided by a common order dtd. 29/9/2020, whereby the applicant nos. 2, 3, 4, 5 were granted anticipatory bail, till conclusion of the trial. Against the order dtd. 29/9/2020 passed by the co-ordinate Bench of this Court, the opposite party no.2 approached the Hon'ble Supreme Court by way of Criminal Appeal No.872-873 of 2020 arising out of S.L.P. (Cri) Nos. 4935-4936 (Dr. Naresh Kumar Mangla Vs. Smt. Anita Agarwal and others) which was allowed vide Judgement and order dtd. 17/12/2020, setting aside the order dtd. 29/9/2020, further directing the C.B.I. to conduct further investigation of the case arising out of Case Crime No. 0623 of 2020 registered as Police Station Tajganj, District Agra. Pursuant to the order passed by Hon'ble Apex Court, the C.B.I. registered F.I.R. No. RCO5320215001 at Police Station SCB, Lucknow. The applicant no.1, who happens to be the husband of the deceased, filed Criminal Misc. Bail Application No. 39500 of 2022 (Sumit Agarwal Vs. State of U.P.) before this Court, which came up for consideration before this Court on 7/4/2021 and the co-ordinate Bench of this Court vide order dtd. 7/4/2021 had rejected the bail prayer of the applicant no.1, however, the applicant no.1 approached the Hon'ble Apex Court by way of filing Special Leave to Appeal No. 3975 of 2021 (Sumit Agarwal Vs. State of Uttar Pradesh and another) and the Hon'ble Apex Court considering the fact that three year old daughter of the applicant no.1 suffering from acute bacillary Dysentery granted interim bail to the applicant no.1 for a period of six weeks. Later on, the interim bail of the applicant was confirmed, vide order dtd. 18/7/2022, copy of which order has been produced before this Court and taken on record.