Jagdish vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Jagdish is in judicial custody in FIR No.17 of 2021, under Sections 304 B IPC and Section 4 of the Dowry Prohibition Act, 1961, Police Station Kelakhera, District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the deceased Deepa and applicant were married on 18.06.2020. The deceased was harassed and tortured for the demand of dowry. On 03.02.2021, the deceased telephoned her elder sister and told that she is being harassed and tortured by her in-laws. Subsequently, she died other than under normal circumstances.

It is argued by learned counsel for the applicant that it is a false case; the deceased used to pressurize the applicant to stay away from his joint family, to which the applicant was not readily agreeable. Therefore, the FIR has been lodged to wreak the vengeance; no demand of dowry was ever made. Reference has been made to the statement of the brother of the deceased, Anurag, when he told that the FIR was lodged in a fit of rage. But, it was with regard to the implication of brother-in-law and mother-in-law of the deceased.

Learned State Counsel would submit that the witnesses have supported the prosecution case; it is case of dowry death.

In the instant case, the death took place within a year of marriage. The brother, sister, father of the deceased and others have stated about the demand of dowry and torture that was done to the deceased. In fact, the father of the deceased has said that once the applicant had also stabbed the deceased.

Having considered the entirety of facts, this Court is of the view that it is not a case fit for bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.