AKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) - This application has been filed by the applicant Akash with a prayer that he may be released on bail in case crime no. 154 of 2009 under sections 498-A,304-B I.P.C. and section ¾ of D.P. Act P.S. Kosi Kalan district Mathura.

(2.) HEARD Sri Rajul Bhargava, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Rahul Chaturvedi, learned counsel for the complainant.

(3.) IT is contended by the learned counsel for the applicant that the applicant is the devar of the deceased, he is living separately, he was having no concerned with the family affairs of the deceased and her husband. There is no specific allegation in respect of any item as dowry, was demanded by in-laws of the deceased. The deceased and her sister are married in the same family with the real brothers, they are living happily, there was no demand of dowry. The deceased has committed suicide by way of putting herself on fire, it has been stated by the witness of the locality before the I.O. that the deceased was not satisfied with the behavior of her husband, he was a truck driver, he used to go on long trip for many days, it was not liked by the deceased, she put pressure to leave the job of driving but the co-accused Briji refused to leave the job because it was the source of his livelihood. Thereafter, in annoyance she committed the suicide because the suicide was not on account of the demand of dowry or any other harassment. The case of the applicant is distinguishable with the case of the husband of the deceased, he may be released on bail.