ANIL KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Anil Kumar Singh has approached this Court under Section 439 (1) Cr. P. C. seeking his release on bail in crime No. 128 of 2005, under Sections 498-A, 304-B I. P. C. and 3/4 P. P. Act, P. S. Handia, District Allahabad. His prayer for bail has been rejected by both the Courts below vide Annexure No. 7 to this affidavit.

(2.) THE prosecution case in a nut shell against the applicant is that the applicant was married with Sarita Singh @ Baby on 8-6- 2006. In marriage, the informant Devendra Bahadur Singh had given dowry according to his economic status. After the marriage Sarita Singh @ Baby was tortured for demand of a motor cycle and Rs. 30,000/ -. On 24-6-2005, the informant had gone to the house of in-laws of Sarita Singh and had assured them to fulfill their demand. On 28-6-2006, the applicant came to know at 12 p. m. that his sister Sarita Singh @ Baby was throttled by Shyamraj Singh (father-in-law), mother-in-law, Anil Kumar Singh, the present applicant (husband) as well as his younger brother Ajay Singh (dewar ). THE informant scribed the FIR and lodged it on the same day at 3. 30 p. m. at P. S. Handia, District Allahabad. His said FIR was registered as crime No. 128 of 2005, under Sections 498-A, 304-B I. P. C. and 3/4 D. P. Act. THE autopsy report of the deceased Sarita Singh @ Baby (Annexure No. 2) indicates that there was a ligature marks on her neck 9 cm. x 1/2 cm. on front of both sides. Blood mixed fluid was coming out of her both nostrils and cause of her death was asphyxia as a result of hanging. On the said facts the bail application of the applicant has been pressed by Counsel for the applicant.

(3.) LEARNED AGA, on the other hand, submitted that there are allegations of demand of dowry and that the death of the deceased was unnatural within seven years of the marriage and the applicant is the husband and, therefore, he does not deserves to be released on bail.