JITENDRA NATH TRIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) B. L. Yadav, J. This is an application for bail under Section 439 of the Code of Criminal Procedure, 1973. The F. I R. was lodged on 28-12-1986 at P. S. Naubasta, District Kanpur by Sri Shiv Prakash Mishra, father of the injured Smt. Shefali. The F. I R. disclosed the offence under Sections 498-A/323/325/307,. P. C. and Section 4 of the Dowry Prohibition Act (Crime No. 545 of 1986 ). The occurrence was dated 21/22-12-1986 at about 11-12 p. m.

(2.) THE prosecution story as unfolded in the F. I. R. was that the informant, an Assistant Chief Officer in the Reserve Bank of India, who was a resident of 3-a/130, Azad Nagar, Kanpur, has married his younger daughter Km. Shefali (now Smt. Shefali), aged about 22 years, in March 1986 to Jitendra Nath Trivedi the applicant, who was a resident of 84-Y, Kidwai Nagar, Kanpur and was em ployed in a Bank. He was later on selected to the officer's post and was posted in Allahabad Bank at Jaunpur and used to come on Sunday to his house at 84-Y, Kidwai Nagar. After a short span of time from the date of marriage, the applicant and his mo her used to demand more dowry including conveyance and Smt. Shefali, the injured was being beaten also just to pressurise the demand for dowry. In the night of occurrence the applicant and his mother had given beating to Smt. Shefali and she was thrown from the third story of the house with a view that she may die. Her both legs were fractured at three places and she also sustained injuries on her head and back. After he received message on phone on 26-12-1986 in Jammu, he rushed to Kanpur on 27-12-86 at 1 p. m. and lodged the report on 28-12-86. THE injured Smt Shefali was admitted in the Emergency Ward of Ursula Hospital, Kanpur. It was alleged that with a view to kill her she was being beaten and was thrown from the third story of the house and she was not admitted in the hospital, nor any message was received by him from her husband or in laws. A copy of the FIR has been filed as Annexure-1 to the affidavit and the injury report has also been filed In all she received 8 injuries. From the case diary it appears that she had injuries in her both eyes, eye lids injuries over scalp, multiple injuries around left ankle, fracture of medical malleolus, fracture over tibia, multiple fracture around right ankle etc, THE statement of Smt. Shefali, the injured was recorded by the Magistrate under Section 164 of the Code.

(3.) TAKING into consideration the principles for granting bail, including magnitude and seriousness of the offence and the conduct of the applicant, no prima fade case in favour of the applicant has been made out la such matters. as the present one, out of the deterrent, preventive, retributive and reformative the ories of punishment, the first two (deterrent and preventive) must be nude applicable. Bride burning and dowry deaths or attempt to commit muder of the wife on refusal of parents of the bride to pay enhanced and fabulous dowry indicate deprivity and disposition of the persons demanding dowry. In other words, it is killing or attempt to kill a person for mere wan tonness and idiorsyncrasy. the law does not take into account the status of the accused in such matters. In such cases recently their Lord ships of the Supreme Court have given a word of caution in Samunder Singh v. State of Rajasthan and Others, AIR 1987 SG 737 while disposing of criminal bail application arising out of anticipatory bail in a dowry death case. It was observed that there appears to be wide spread belief that dowry death cases are even now treated with carelessness at all levels. Even though that was a case for antici patory bail, but the magnitude and seriousness of the matter was pointed out. It was pointed out that in such matters the case should not be taken in casual way. I am accordingly of the considered opinion that this is not a fit case for bail.