LAWS(ALL)-2009-12-253

URMILA DEVI Vs. STATE OF U.P.

Decided On December 24, 2009
URMILA DEVI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD Sri Y.K.Srivastava, learned counsel for the applicant, learned A.G.A. for the State of U.P., Sri Satyaveer Singh, learned counsel appearing on behalf of the complainant and perused the record.

(2.) THIS bail application has been filed by the applicant Smt. Urmila Devi with a prayer that she may be released on bail in case crime no. 44 of 2009 under sections 498-A, 304-B I.P.C.and section ¾ Dowry Prohibition Act, Police Station Linepar, District Firozabad.

(3.) IN reply of the above contention, it is submitted by learned A.G.A.and counsel appearing on behalf of the complainant that the marriage of the deceased was solemnized with co-accused Shiv Shanker in the month of May 2002, the applicant is his first wife, she was also living along with deceased and co-accused Shiv Shanker, the demand of motor cycle, she buffalo and Rs.50,000/- was made, on non-fulfilment of such demand by pouring the kerosene oil, the deceased was set on fire on 21.3.2009 at about 5.00 p.m., the dying declaration of the deceased was recorded by learned Magistrate concerned, according to her dying declaration, the deceased was cooking the food, she was set on fire by the applicant and co-accused Shiv Shanker, the death of the deceased was unnatural and active role has been attributed to the applicant also, she may not be released on bail.