SUBHASH Vs. STATE OF U P

JUDGEMENT

(1.) APPLICANT Subhash is an accused in crime No. 595/05, under Section 498 -A/304 -B IPC and Section 3/4 of D.P. Act, P.S. Khair, district Aligarh. He has approached this Court for his release on bail in the aforesaid crime number, as both the Courts below have rejected his bail applications.

(2.) THE prosecution allegations against the applicant as is culled out from the FIR (Annexure 1) are that Santosh Kumari the daughter of informant Dayab Singh was married with the applicant Subhash in the month of February, 2004. The informant had given dowry according to his economic condition of more than Rs. 2 lacs. After marriage the in -laws of Santosh Kumari treated her well and she was blessed with a son also. Subsequently, it is alleged that the applicant demanded Rs. 1 lac for his service. The informant was unable to pay the said amount, as a result of which Santosh Kumari was subjected to torture. It is further alleged that Santosh Kumari made a complaint regarding torture to the informant her father, on which the informant accompanied with Kor Singh and Nahar Singh went to the house of her in -laws on 10 - 10 -2005 and tried to pacify them by pleading that he did not have the aforesaid amount at that time. The in -laws however, told him that he had to make arrangement for the aforesaid money otherwise to bear the consequences. On 24 -11 -2005 at about 5 p.m. the accused persons Subhash (the present applicant), his sisters Tanuja and Sangeeta, his mother Omwati and his father Niranjan Singh hatched up a conspiracy and got Santosh Kumari murdered. Regarding the death of Santosh Kumari some unknown person informed the informant on telephone of Deewan Singh. The informant alongwith Nahar Singh, Bhikambar Singh, Raghuraj Singh, Kiranpal Singh and etc. rushed to the house of Niranjan Singh, where he found his daughter dead due to burn injuries. The informant Dayab Singh scribed the FIR and lodged it at Police Station Khair, district Aligarh on 25 -11 -2005 at 12.30 p.m. as crime number and under sections as mentioned above. Autopsy report (Annexure 2) of the deceased indicates that the deceased had sustained superficial to deep thermal burn injuries over her body and the cause of her death was asphyxia due to ante -mortem thermal burn injuries. On these facts the applicant has applied for bail.

(3.) LEARNED Counsel for the applicant contended that the deceased in fact committed suicide when all the family members were away from the house. The neighbours saw the burning of the deceased and therefore, Ram Pal one of the neighbours broke the door open and put off the fire and in that venture he also sustained injuries vide Annexure 4 to this application which is his medical report dated 16 -11 -2005 at 6.30 p.m. The aforesaid Ram Pal has also given an affidavit (Annexure 5), in which he has testified that the allegations of demand of dowry are absolutely false and the informant Dayab Singh etc. were present at the time of inquest. The caused further submitted that there is no dying declaration of the deceased and the applicant is languishing in jail since March, 2006. Learned Counsel for the applicant further contended that the FIR is a belated FIR, which has been lodged after due consultation. He submitted that the deceased committed suicide because she was frustrated with the non -employment of her husband as he was not getting a suitable job.