Brijesh vs State of U.P.

Ravindra Singh, J.—This application has been filed by the applicant Brijesh with a prayer that he may be released on bail in case crime No. 125/461 of 2008 under section 306 IPC, P.S. Nakur, District Saharanpur.

Heard Sri Sumit Goyal, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Mohit Singh, learned Counsel for the complainant.

It is contended by learned Counsel for the applicant that applicant is husband of the deceased. The FIR has been lodged on 25.9.2008 in respect of the incident which had occurred on 10.8.2008. The FIR was lodged under sections 498A and 304B IPC and section 3/4 D.P. Act, but after investigation the offence has been converted under section 306 IPC. The deceased has died due to electric shock, the marriage of the deceased was solemnized about seven and half years prior the alleged incident. According to the statement of the first informant Soma the marriage of the deceased was solemnised on 25.2.2001. The cremation of the dead body was done in the presence of the first informant, there is no demand of dowry and from the wedlock of the applicant and the deceased three children have been born, there is no evidence to show that the deceased was abetted by the applicant to commit suicide.

In reply of the above contention it is submitted by learned A.G.A, and learned Counsel for the complainant that the applicant has not come with clean hands even he has not definitely disclosed the cause of death. According to him the deceased has died due to electric shock whereas the statement of Dr. Shahid shows that the deceased was brought to his clinic and disclosed by the applicant and others that she had taken some medicines, thereafter in dead condition they had taken the deceased to their house. The death of the deceased was unnatural and according to the FIR the alleged incident had taken place about six and half years after her marriage and without her postmortem examination report the cremation of the dead body was done. Being husband the applicant is main accused, the allegation of demand of dowry is also against the him, therefore, he may not be released on bail.

Considering the submissions made by learned Counsel for the applicant, learned A.G.A., learned Counsel for the complainant and considering the statement of first informant and his wife Smt. Shimla who stated that in their presence the cremation of the dead body was done. The marriage of the deceased was solemnised seven and half years prior the alleged incident and there was no demand of dowry. The deceased has committed suicide only because due to activities of her husband and without expressing any opinion on the merits of the case the applicant is entitled for bail.

Let the applicant Brijesh involved in case crime No. 125/461 of 2008 under sections 306 I.P.C., P.S. Nakur, District Saharanpur be released on bail on his furnishing a personal bond and two heavy sureties to the satisfaction of the Court concerned, with the condition that the applicant shall not tamper with the evidence and he shall report to the Court of C.J.M, concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.

In default of the above condition the bail granted to him, shall be deemed cancel and he shall be taken into custody by the C.J.M. concerned.

Application Allowed.