LAWS(ALL)-2013-5-198

ANUJ KUMAR Vs. STATE OF UTTAR PRADESH

Decided On May 06, 2013
ANUJ KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The present bail application has been moved on behalf of Anuj Kumar son of Mainpal Sharma who is presently detained in case crime No. 625 of 2010, under Sections 498-A, 302 I.P.C. relating to P.S. Thana Bhawan, district Muzaffarnagar, after the same was rejected by the Sessions Judge, Muzaffarnaga vide order dated 3.12.2010.

(2.) Heard learned counsel for the applicant as well as the learned A.G.A. who has filed the counter affidavit which is taken on record. The applicant does not propose to file any rejoinder affidavit.

(3.) The prosecution story as it transpires from the F.I.R. is that the deceased Savita daughter of Rajkumar Sharma was married to the applicant on 21.5.2003 and out of their wedlock two sons were also born. It has been alleged by the first informant who is also the real brother of the deceased, that a month before the fateful day, deceased Savita had come to the house of her parents and had conveyed to her parents the rapacious demand placed by her husband in the form of Rs.2,00000/-. It appears from the contents of the F.I.R. that she was also under the threat of dire consequences in case of non-fulfillment of this demand. According to the version of the F.I.R. The deceased was persuaded to go back to her husband's house and an assurance was given from the parents side to make necessary arrangement in this regard. It has again been emphasized in the F.I.R. that the deceased was very apprehensive about some untoward happening in case her husband's demand remained unfulfilled. It was in this background that on 20.7.2010 there came a telephonic call from one Ankur, who is the Dever of the deceased informing about the death of Savita. After receiving this News the first informant along with other relatives reached the house of the applicant and found that his sisters dead body was lying on the floor exhibiting a full ligature mark on her neck. It was also reported in the F.I.R. that the applicant and his mother had absconded from the spot.