PURUSHOTTAM SHASHTRI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Indra Kumar Chaturvedi, learned Senior Counsel for the applicant, Sri Amit Daga, learned counsel for the informant, learned A.G.A. for the State and perused the record.

(2.) The present bail application has been filed by the applicant in case crime No. 286/2018, under Sections 498A, 504, 304B, 120-B IPC and Section 3/4 of Dowry Prohibition Act, police station Babina, District Jhansi Nagar with the prayer to enlarge the applicant on bail.

(3.) It has been argued by learned Senior Counsel for the applicant that the accused-applicant is father-in-law of the deceased and he has been falsely implicated in this case due to ulterior motive. The deceased has suffered death in natural calamity of flood by drowning and injuries sustained in the flood water as entire house of applicant was submerged and destroyed. It was submitted that on 02.09.2018, when entire family members of applicant were sleeping inside their house, suddenly gush of flood water submerged the premises of temple and residence of applicant, causing huge damage. They were brought out with the help of villagers and CISF personnel, however, deceased Smt. Jyoti Shashtri could not be traced out and her body was found later, but unfortunately, she has died. However, applicant and his family members have immediately taken her to Medical College, Jhansi to save her life and thus, bona fide and sincere efforts were made for proper treatment of the deceased. The doctor has found two minor injuries on body of deceased, which may be due to fall or struggle while trying to save her life in the said flood and cause of death of deceased was asphyxia due to ante-mortem injuries and drowning. It was stated that complainant has made false and baseless allegations in the FIR, whereas death of deceased was accidental due to drowning in natural calamity. Learned Senior Counsel has also pointed out statements of witnesses, namely, Pratap Singh Bundela, Mohit Sharma, Balwant Raikwar, Neelesh Patsariya that they have, inter alia, stated that even the CISF was called for rescue operation and some area of the roof was broken to make search of deceased and the body of deceased was taken out. Official and personnel of CISF have also made statements to the effect that temple and house of applicant was fully submerged in flood water till height of roof and that there is sufficient evidence, which shows that there was excessive and dangerous flood and a rescue operation was conducted by CISF and others. In this regard, statements of CISF personnel, namely, Kallu Singh and S.S. Gujjar were also pointed out.