SAURABH Vs. STATE OF U P

JUDGEMENT

(1.) THIS application is filed by the applicant Saurabh with a prayer that he may be released on bail in case crime no. 112 of 2005 under section 498 A, 304 B I.P.C. P.S. Kasiraj district Etah.

(2.) THE prosecution story, in brief is that in the present case the F.I.R. has been lodged by Rajesh Kumar, brother of the deceased Smt. Baby alias Pinky on 15.5.2005 at 6.00 p.m. in respect of the incident which had occurred in the night of 26/27.4.2005 at 4.30 a.m. It is alleged that the marriage of the deceased was solemnized with the applicant on 15.12.2004. The amount of Rs. 2 lacs was defrayed in the marriage but the in laws of the deceased were not satisfied with the dowry given to them. They were demanding motor cycle and Rs.50,000/- and to fulfill the demand of dowry they were torturing the deceased physically and mentally. In the night of 26/27.4.2005 at about 4.30 a.m. the applicant and other co-accused poured acid and petrol on the deceased, consequently, she received injuries she was taken to the hospital. The first informant was given an information about the treatment of his sister in the hospital he went there and saw her condition. Thereafter he lodged the F.I.R.

(3.) IT is opposed by the learned A.G.A. and the learned counsel for the complainant by submitting:- I. That the death of the deceased was unnatural, she died due to burn injuries within five months of her marriage. There was a demand of dowry. She was subjected to cruelty to fulfill the same. The applicant is the husband. He is the main accused. The dying declaration of the deceased was recorded on 27.4.2005 at 11.30 a.m. in which she clearly stated that she was beaten by the applicant and kerosene was poured on her by the applicant, thereafter, she was set on fire. She has made allegation which is against the applicant. She did not make any allegation against other family members, in such a circumstances the applicant may not be released on bail.