BRIJESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) PRAYER for bail in this bail application under section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.') has been made on behalf of the applicant Brijesh Kumar s/o Prem Kumar, who is the husband of deceased Smt. Neelu Gangwar, who died within a period of 7 years of her marriage due to sustaining injuries.

(2.) THE First Information Report was lodged by Ravindra Prakash Gangwar (father of the deceased) on 13.05.2008 at P.S. Sun Garhi, District Pilibhit, where a case under section 498A, 304B IPC and Section 3/4 D.P. Act, was registered at crime No. 645 of 2008 against Brijesh Kumar (applicant herein), Dharmendra Kumar, Prem Kumar, Durga, Gyani and Sandhya. The allegations made in the FIR (Annexure-1), in brief, are that marriage of Neelu Gangwar had taken place on 15.12.2007 with Brijesh Kumar and dowry as per capacity was given, but her husband and other in-laws were not satisfied with the dowry and they were causing harassment of deceased making demand of four wheeler vehicle and when their demand was not fulfilled, they committed her murder on 09.05.2008.

(3.) ACCORDING to the post mortem report (Annexure-7), the deceased had died due to coma as a result of ante mortem head injury. Seven ante mortem injuries were found on the person of deceased at the time of post mortem examination.