NARVESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) N. B. Asthana, J. This is third bail application. The applicant is hus band of the deceased. It is alleged to be a dowry death. The deceased had 95% burn injuries.

(2.) IT has been argued that the learned Sessions Judge has not given any reason for refusing bail to the applicant while Sobaran and Girish were released on bail. The contention is that those two persons were granted bail because no specific allegation was made against them and that in the F. I. R. also no specific allegation has been made against the applicant and, therefore, he should have been released on bail. The applicant is husband of the deceased. He had a special duty to protect his wife. Girish is younger brother of the applicant while Sobaran is his father. If these two persons were released on bail it would not automatically follow that the applicant was also entitled to bail when from the material so far placed on record it prima facie appears to be a dowry death case. Since marriage had taken place about four years back the presumptions of law are available to prosecution. IT was for the applicant to explain as to under what circumstances she died. The Sessions Judge disbelieved the theory of suicide as her body was found in naked condition with burn injuries all over the body and the applicant and his rela tions were found absconding from the house. There are definite allegations of demand of dowry and cruel treatment to the deceased. Since the applicant is the husband there is no question of parity between his case and that of his brother and father vis-a-vis deceased.

(3.) WITH the above direction the bail application is rejected. Application dismissed. .