JAI CHANDRA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This ap plication has been filed by the applicant jai Chandra Yadav with a prayer that he may be released on bail in Case Crime No. 170 of 2005, under sections 498A and 304-B, I.P.C. and sections 3/4 Dowry Prohibition Act, P.S. Shivkuti, District Allahabad.

(2.) The prosecution story, in brief, is that the F.I.R. of this case has been lodged by Raghunath Prasad Yadav the father of the deceased on 7.11.2005 at 5.00 p.m. in respect of the incident which had occurred on 5.11.2005 alleging therein that the marriage of the deceased Smt. Archana Yadav was solemnized with the applicant on 8.12.2001. At the time of marriage a sum of Rs. 55,000.00in cash, one motorcycle, fridge, washing machine, almirah, T.V., furniture, jewelery and other ornament were given by the first informant, but after 3 months of the marriage when the deceased came to her parents house she disclosed that the applicant and other accused were making demand of a house and to fulfil the same the deceased was subjected to cruelty. It has been specifically alleged that the deceased was subjected to cruelty by the applicant and co-accused Munna and Smt. Basanti the mother-in-law of the deceased. On 4.11.2005 Virendra Yadav the brother of the deceased had gone to the house of the applicant to call the deceased, but he was scolded and asked to go back and the deceased was not sent with him. On 5.11.2005 at about 8.00 a.m. deceased gave an telephonic message to the tenant of the first informant on his mobile that she will be killed by the applicant and other co-accused persons in case she is not called from the house of her in-laws. The deceased sent the same message to the nephew of the first informant on his mobile at about 8.30 a.m., but further talk could not be completed and the nephew of the first informant made efforts by calling back, but talk could not be done, thereafter, the first informant sent his son Virendra to the house of the applicant where he saw that the deceased was hanged by the applicant after committing the murder, the door was opened and no body was present there. It was informed to the first informant by his son Virendra. The first informant and his son Rajendra Kumar reached there and saw the dead body and lodged the F.I.R. According to the post-mortem examination report one ligature mark was present on the neck. The cause of death was due to asphyxia as a result of hanging.

(3.) Heard Sri P.N. Mishra Senior Advocate assisted by Sri Apul Mishra learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Sujeet Kumar Rai learned Counsel for the complainant.