RANJEET ALIAS AMIT Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Ranjeet alias Amit with a prayer that he may be released on bail in case crime No. 40 of 2006 under Section 498a, 304-B 506 I. P. C. and under Section 3/4 D. P. Act P. S. Murad Nagar District Ghaziabad.

(2.) THAT the prosecution story in brief is that the F. I. R. of this case has been lodged by Mahendra Singh on 2-3-2006 at about 2. 50 p. m. alleging therein that the marriage of the deceased Smt. Sheetal, niece of the first informant, was solemnized with the applicant on 24-2-2004. The applicant and other co- accused persons were not satisfied with the gifts given in the marriage. Therefore, the deceased was subjected to the cruelty and they demanded motorcycle and Rs. 50,000/-as dowry. The deceased was expelled from the house by her in laws about nine months prior the alleged incident. The first informant made a request to keep the deceased with them because he was not in a position to fulfill the alleged demand of dowry but the applicant and other co-accused persons could not be persuaded then a Panchayat was arranged about three and half months prior the alleged incident. Thereafter the deceased came at the place of the applicant but again they started committing cruelty with her to fulfill the demand of dowry and they were extending threat of her life in case the demand of dowry is not fulfilled. On 2-3-2006 a telephonic massage was given to the first informant that the deceased was taken in Shivam hospital at Ghaziabad in a serious condition, on that information the first informant and other came at Shivam hospital, where he was informed that the deceased has died. It was suspected that the deceased was murdered after administering the poison.

(3.) IT is contended by the learned Counsel for the applicant that the applicant is the husband of the deceased. The allegation of demand of dowry and subjecting the deceased to cruelty to fulfill the demand of dowry is absolutely false and baseless. The deceased was never subjected to cruelty to fulfill the demand of dowry. She was never expelled by the applicant from his house and no Panchayat has been arranged on this issue. Information has been given to the first informant about the seriousness of the deceased and on that information, the first informant and other persons came to the hospital. There are general allegations. There is no specific allegation against the applicant. The deceased was taken to the hospital by the applicant for providing her proper medical aid because she was complaining pain. Thereafter, she was taken to the hospital on 1-3-2006 where she died on 2-3-2006. The first informant and others were duly informed who came there and lodged the F. I. R. and the applicant was taken into custody by the police, but in viscera report poison has been found. According to the post-mortem examination report no ante-mortem injury was seen on the person of the deceased which indicates that any force was not used on her person for administrating the poison. The medical aid was given to the deceased prior to her death. The poisonous chemical found in the viscera report may be the result of some medicines given to the deceased during treatment. The applicant remained on short-term bail but he has not misused the same. He was released on short-term bail by this Court only because viscera report has not been received. The applicant is a peace loving. In case, he is released on bail, he shall not tamper with evidence.