RAVI JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the applicant, learned A.G.A. and perused the material on record.

(2.) This is the first bail application moved on behalf of applicant Ravi Jaiswal, son of Gopal Jaiswal in Case Crime No. 209 of 2006, under sections 498- A, 304-B,.I.P.C. and 3/4 D.P.-Act, P.S. Birno, District Ghazipur.

(3.) It is contended by learned Counsel for the applicant that the F.I.R. was lodged after due consultation and deliberation and it was lodged only to' implicate the applicant falsely. The marriage of applicant was performed in the year 2000 and he is a business man and his own business of hardware and fertilizer shop named Jaiswal Hardware and Fertilizer store in the premises of his grand mother's house located in Bhadasar Chatti and the house is actually owned by applicant's grand mother Smt. Sarojini Jaiswal, wife of Laxmi Narayan and this change was due to the aforesaid earlier differences having arisen with parents of which the applicant's kind hearted grand mother Smt. Sarojini Jaiswal took note of the situation and circumstances and she mercifully financed the applicant's business venture and thus she became a sponsor/guarantor to the Bank loan of Rs. three lakhs (300000.00) from Union Bank of India Birno Branch of Ghazipur District in connection with aforesaid hardware and fertilizer shop. For the past nearly two years and. a half, the applicant had been actually living separately along with his wife from the parents as well as cooking separately along with his wife Smt. Saroj Jaiswal in the rear portion of the above noted grand mother's house at Bhadasar Chatti where his aforesaid shop and store are located in the front portion of house opening on the pukka road to Mau. It is further contended that four years had elapsed since her marriage but Smt. Saroj Jaiswal did not conceive a child of which she had herself become very desirous due to emphatic suggestion from the people of her 'Naihar' and the applicant on her insistence took Saroj to various infertility treatment clinics and finally her treatment was going on for the past two years by an expert Dr. Smt. Swarnlata Singh of Varanasi 'Anurag Matra Sadan' which fact may be perused from the various clinical reports, X-ray graphs, hysterosalpin graphics and other ultrasonic graphic etc. as prescriptions papers of continuous treatment. It is further contended that about a week before she committed suicide. She had visited her parents house and from there, she had brought the latest idea of a Tantrik Bali, sacrifice of a human child which she has vaguely expressed to the applicant's grand mother on 23.4.2006 and she further disclosed the said wild and barbaric idea of a "Tantrik Nar-Bali of a child" suggested to Saroj by her mother for begetting a child to which the applicant took a,very a strong objection and had virtually scolded her further and in utter disgust the applicant left her sleeping alone in the rear inner courtyard and himself came to the front portion of Bhadasar house where the applicant had slept in the night just before the foolish suicide step was taken by her due to her obstinate nature. It is further contended that information regarding death of deceased was communicated to her father as well as to Birno Police by the applicant himself. He has not demanded any dowry from the deceased or her parents and false case has been concocted, wherein he is in jail. It is further contended that the charge sheet has already been submitted against the applicant.