Ramesh Mishra alias Ramesh Kumar Mishra vs State of U.P.

Ravindra Singh, J.—This application has been filed by the applicant Ramesh Mishra alias Ramesh Kumar Mishra with a prayer that he may be released on bail in Case Crime No. 234 of 2007 under Sections 498A, 304B and 302, I.P.C. and Section 3/4, Dowry Prohibition Act, P. S. Shivli, District Kanpur Dehat.

The facts in brief of this case are that the F.I.R. of this case has been lodged by Uma Shanker Dixit on 22.9.2007 at 5.10 p.m. in respect of the incident which had occurred on 22.9.2007 at about 2.00 p.m. It is alleged that the marriage of the deceased was solemnized with the applicant''s son thereafter the demand of Rs. 1 lac was raised by in-laws of the deceased. To fulfil this demand of dowry the deceased was subjected to cruelty. The first informant has given the assurance to pay the demanded money as soon as it is arranged even then the deceased was continuously subjected to the cruelty by the applicant and other co-accused persons. Ultimately on 22.9.2007 at about 2.00 p.m. the deceased Sikha and deceased Km. Abha aged about 5 years, the granddaughter of the applicant were set on fire in which they have lost their lives. The F.I.R. was lodged under Sections 498A and 304B, I.P.C. and 3/4, Dowry Prohibition Act, but during investigation Section 302, I.P.C. has also been added. According to the post mortem examination report both the deceased have died due to burn injuries and the smell of kerosene oil was present.

Heard Sri P. K. Singh, learned Counsel for the applicant, learned A.G.A., for the State of U.P. and Sri Rajesh Chandra Gupta and Sri Mayank Kumar Gupta learned Counsel for the complainant.

It is contended by learned Counsel for the applicant that applicant is innocent person. He has not committed the alleged offence. There was no demand of dowry and the allegation in respect of demand of dowry is false and concocted. The letter dated 13.7.2004 allegedly written by the daughter-in-law of the applicant appears to be forged because the original letter could not be shown by the first informant to the Investigating Officer. The daughter-in-law of the applicant has committed suicide by putting herself on fire and she had put her daughter also on fire and the cause of death was not on account of demand of dowry or subjecting the deceased to the cruelty. The applicant is peace loving persons, he is not having any criminal antecedent, therefore, he may be released on bail.

In reply of the above contention, it is submitted by learned A.G.A. and learned Counsel for the complainant that in the present case the applicant is father-in-law of the deceased. There was a demand of Rs. 1 lac for which the deceased was subjected to cruelty. Ultimately the deceased Sikha and her daughter have been killed by the applicant other co-accused persons. The deceased Smt. Sikha had written a letter dated 13.7.2004 in which she has written that she had danger to her life and an attempt to commit her murder was made on 12.5.2004. Even after the death of the deceased the conduct of the applicant was not fair which shows that he was involved in the commission of the alleged offence, in such circumstances the applicant may not be released on bail.

Considering the facts, circumstances of this case, submissions made by learned Counsel for the applicant, learned A.G.A., learned Counsel for the complainant and from the perusal of the record it appears that in the present case, the specific role of causing the burn injuries on the person of the deceased and her 5 years old daughter is assigned and other co-accused. The cause of death was unnatural, within seven years of the marriage of the applicant''s daughter-in-law on account of non-fulfilment of demand of dowry and without expressing any opinion on the merits of the case the applicant is not entitled to be released on bail. The prayer for bail is refused.

Accordingly, this application is rejected.