RADHA Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant application has been moved by Smt. Radha for cancellation of bail granted by this Court vide order dated 15.10.2004 in Crime No. 106 of 2003, under Sections 498-A, 304-B, 201 I.P.C. and D.P. Act, P.S. Rampura, District Jalaun in Criminal Misc. Bail Application No. 7936 of 2004 Arvind Kumar Vs. State of U.P. The facts of the case in brief are as follows:

(2.) After rejection of the bail application of Arvind Kumar by the Sessions Judge, Jalaun, Arvind Kumar moved bail application No. 7936 of 2004 before this Court. It was alleged in the application that the marriage of the deceased with the applicant was solemnized on 24.5.1995. As the marriage was solemnized more than 7 years ago, hence no offence is made out punishable under Sec. 304B I.P.C. It was also alleged in the bail application that the first son out of the wed-lock of Arvind Kumar and the deceased was born on 9.5.1996. Hence there was no question of marriage being solemnized on 26.6.1997 as alleged by the prosecution. The date of birth of Ujjwal Mishra has been mentioned in the mark-sheet of K.G.II. It was also alleged in the bail application that the prosecution moved an application before the trial court for framing the charge under Sections 302 & 306 I.P.C. Hence in view of the own contention of the prosecution marriage was solemnized more then 7 years earlier Considering all these facts as stated in the application this Court on 15.10.2004 had granted bail to opposite party No. 2.

(3.) Smt. Radha moved an application for cancellation of bail mainly on the ground that material facts have been concealed by the opposite party No. 2 in obtaining bail order from this Court. That the applicant played fraud on the court in obtaining the order of bail. It has also been alleged that the applicant had given education to her daughter Iksha Kumari up to M.A. And thereafter the marriage was solemnized with opposite party No. 2 on 26.6.1997, as it is evident from the invitation card. At the time of marriage opposite party No. 2 was serving as Fitter in the South Eastern Railway and he was posted at Kargo Road, district Bilashpur, Chhatisgarh. That prior to 5.3.1997 opposite part No. 2 never lived at Kargo Road, Bilashpur, Chhatisgarh. Iksha Kumari delivered her first male child in S.C.C. Railway Hospital Bilashpur on 17.5.1998. The birth certificate was issued under sign and seal of Registrar (Birth-death). Ichcha Kumari delivered second male child on 20.6.1999 in S.E.T. Railway Hospital Bilashpur. Annexure-4 is the birth certificate of II male child Prajjwal Misra. Opposite party No. 2 falsely alleged that the marriage was solemnized on 24.5.1995. She delivered her first male child Ujjwal Misra on 9.5.1996. It was wrong to allege that applicant moved an application before the trial court for framing charge for the offence under Sec. 302 & 306 I.P.C. It is a case of dowry death punishable under Sec. 304B I.P.C. and by putting wrong facts on the basis of forged documents order of bail was obtained. Under these circumstances the bail is liable to be cancelled.