DHIRAJ TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Dheeraj Tiwari with a prayer that he may be released on bail in Case Crime No. 85 of 2006 under Sections 498A, 304B, I.P.C. and 3/4, D.P. Act P.S. Khuldabad, district Allahabad.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Nishakant Pandey on 22.4.2006 at about 7.30 p.m. in respect of the incident which had occurred on 22.4.2006. THE F.I.R. has been lodged against the applicant, the co-accused Savitri Tiwari and co-accused Arun Kumar Tiwari alleging therein that the marriage of the deceased was solemnized with the applicant on 21.4.2000, the applicant and other co-accused persons were demanding Rs. 50,000 as dowry and due to non fulfilment of such demand of dowry, the deceased was put on fire by them after pouring kerosene oil consequently she succumbed to her injuries.

(3.) IT is contended by the learned counsel for the applicant that the applicant is the husband of the deceased. The allegation against the applicant that he has demanded Rs. 50,000 from the first informant, is absolutely false and baseless, the deceased was never subjected to cruelty. There is no evidence in support of alleged occurrence and the applicant was not present there and the alleged accident has occurred in a kitchen. ITs proper information was given to the first informant. The co-accused Arun Kumar Tiwari, father of the applicant had received substantial burn injuries on his person because he came to rescue of the deceased. He was medically examined on 23.4.2006. He had received superficial burn injuries. Therefore, the allegation of putting the deceased on fire by pouring kerosene oil is absolutely baseless, false and frivolous. The applicant is innocent and he has not committed the alleged offence but he has been falsely implicated due to ill will of the first informant. Therefore, he may be released on bail.