NAUSHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) PRAYER for bail in this bail application under sec­tion 439 Cr.P.C. has been made on behalf of the applicant Naushad, son of Fida Husain @ Nanhey, in Case Crime No. 200 of 2007, under sections 498-A, 304-B IPC and 3/4 D.P. Act P.S. Colonelganj, District Kanpur Nagar.

(2.) THE applicant is the husband of deceased Smt. Aysha, who died just after six months from her marriage (Nikah), due to burn injuries in the house of the appli­cant. Her father Ishrat Ali lodged an FIR on 19.10.2007 at P.S. Colonelganj, Kanpur Nagar, where a case under sections 498-A, 307 IPC and 3/4 D.P. Act was registered at Case Crime No. 200 of 2007, against Naushad Ahmad (applicant-herein). Fida Husain @ Nanhey, Rubi, Juli, Munni, Guddu and Irfan. The allegations made in the FIR (Annexure-1), in brief, are that Ni­kah of Smt. Aysha had taken place with Naushad Ahmad on 14.4.2007 and dowry as per-capacity was given by her father, but accused persons were not satisfied with the dowry and they began to cause harassment to Smt. Aysha making demand of Rs. 20,000/- and a motorcycle in dowry. It is alleged that after a month from marriage, Smt. Aysha was ousted by her-in-laws from their house and then complainant paid Rs. 5000/- to her-in-laws and sent her to sasural, but the accused persons again began to cause harassment making demand of dowry. Further case of the prosecution is that Smt. Aysha was carried by her hus­band and other accused persons on 18.10.2007 at about 11-00 p.m. to her sasural and in the next morning she was set on fire by the accused persons, due to which she sustained serious burn injuries. On getting information, the complainant went to the sasural of his daughter and from there he went to U.H.M. Hospital, Kanpur Nagar, where Smt. Aysha was admitted. Due to burn injuries sustained by Smt. Aysha, she died in the hospital on 19.10.2007 and hence the case was converted under section 304-B IPC.

(3.) THE first and foremost submission made by learned Counsel for the applicant was that the deceased was high tempered lady, who was not adjusting herself in her sasural and she committed suicide by set­ting her on fire, and hence the applicant is entitled to be released on bail, because he was not responsible for committing the suicide by the deceased.