ADARSH ALIAS KAPTAN 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 Adarsh @ Kaptan s/o Sobran Singh, in case crime No. 554 of 2007 (Case No. 43 of 2008), under sections 498A, 304-B IPC and 3/4 D.P. Act, P.S. Sadar, District Agra.

(2.) THE applicant is the husband of Smt. Geeta, who died due to unnatural death within seven years of her marriage with applicant. An FIR was lodged by Girraj Singh, father of the deceased, on 02.08.2007 at P.S. Sadar, Agra, where a case under section 498A, 304-B IPC and Section 3/4 D.P. Act was registered at crime No. 554 of 2007 against Sobran Singh (Father-in-law), Sheela (Mother-in-law), Adarsh @ Kaptan (applicant herein), Teetu (Devar) Chandra Kanta (Nanad) and Rajani (Devarani). THE allegations made in the FIR, in brief, are that after marriage of deceased with accused Adarsh @ Kaptan in June 2002, the accused persons began to cause her harassment making demand of dowry. It is further alleged that with a view to keep his daughter happy, the complainant gave a she-buffalo to the accused persons, but after one year, they demanded Rupees one lac for starting medicine shop and when their demand was not fulfilled, they committed the murder of deceased on 02.08.2007.

(3.) PLACING reliance on Appasaheb and another vs. State of Maharashtra2007 (57)ACC 544, it was further submitted by learned counsel for the applicant that making demand of any money for the purpose of business does not come in the category of dowry under Dowry Prohibition Act and hence, the offence punishable under section 304-B IPC would not be made out in present case, because rupees one lac are said to have been demanded by the accused for opening the medical shop.