Rajoo alias Ram Nath Singh vs State of U.P.

Krishna Kumar, J.—The applicant--Rajoo alias Ram Nath Singh involved in Case Crime No. 248 of 1999, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Ghatampur, district Kanpur Nagar prays for bail.

The applicant is husband of Smt. Seema Devi, who died within seven years of marriage. According to the first information report, there was dowry demand, harassment and torture. The death was caused by burn injuries on 16.5.1999.

Learned Counsel for the applicant contended that the F.I.R. has been lodged with incorrect facts, only to explain the delay. The occurrence took place on 16.5.1999, but the report was lodged on 29.5.1999. No report was actually lodged at the police station, rather an application was sent to S.P., Kanpur Dehat and on the order of the S.P., Kanpur Dehat, a case was registered. Even if application is taken into consideration, it was sent on 21.5.1999. This application was sent from Maharashtra, while from the inquest report, it is clear that the mother of the deceased was present at that time. From the inquest report it is clear that the information was given to the police station by one Sri Ram Pratap Singh, who was ex-pradhan of the village.

Learned Counsel for the applicant contended that the information was given by the family members of the applicant through Pradhan, and in the inquest report it is clearly mentioned that Smt. Shanti Devi, mother of the deceased and wife of the complainant was present near the dead body. When the mother of the deceased was present, there was no reason for not lodging the report on that very day.

Learned Counsel for the applicant contended that it is wrongly mentioned in the F.I.R. that the dead body was cremated without informing the family members of the deceased. The presence of the mother of the deceased at the time of the inquest was sufficient to show that the family members of the deceased were informed of the occurrence.

Learned Counsel for the applicant further contended that the copy of the letters were filed which shows that there was no ill-will between the parties.

Learned Counsel for the applicant further contended that at the time of the occurrence, the applicant was not present in the village, rather he was on his service in Gujarat, and there was also mentioned in the said report that the suicide was committed by Smt. Seema Devi.

Learned Counsel for the applicant further contended that there was statement of the witness in support of the same and cause was also mentioned by the witnesses that during four years of marriage, she could not give birth to a child.

Considering the facts, it is a fit case for bail. The bail application is allowed.

The aforesaid applicant is allowed to remain on bail on his furnishing two sureties and personal bond of the same amount to be fixed by the C.J.M. and to the satisfaction of the Court concerned.