Ujjwal Singh (In Jail) vs State of U.P.

Ravindra Singh, J.—This bail application has been filed by the applicant Ujjwal Singh with a prayer that he may be released on bail in case crime No. 86 of 2007 under Sections 498A, 323, 506, 419, 420, 504 IPC and Section 3/4 D.P. Act, P.S. George Town, District Allahabad.

The brief facts of this case are that F.I.R. of this case has been lodged by Sachchidanand Rai on 21.3.2007 at 0.25 A.M. in respect of the incident which had occurred during the period of 18.5.2004 to 20.2.2007. It is alleged that the first informant went to the house of applicant with a proposal of the marriage of her daughter Anita Rai. The applicant was also present along with the family members. The first informant was apprised by the applicant and other co-accused persons that after obtaining the degree of B. Tech. the applicant was serving as engineer in Delhi, on this consideration the first informant has settled the marriage of his daughter with the applicant and the date of the marriage was fixed on 28.5.2004. The applicant and other co-accused persons pressurized the first informant to pay the Rs. Ten lacs, when the first informant shown his inability to pay the same, the threat was extended to him. All the formalities inducing the invitation cards were done by the first informant, considering his respect in the society he paid Rs. 50,000/- in cash and draft of Rs. Five lacs dated 18.5.2005, a draft of Rs. 2.75 lacs and Rs. 1.75 lacs in cash the total amount of Rs. Ten lacs was paid to the applicant and his family members prior the marriage. The ornaments of Rs. 3.50 lacs and all the articles having the valuation of Rs. Three lacs were given in the marriage. The marriage was solemnized on 28.5.2004. The applicant has made a demand of Rs. Five lacs for taking admission in M. Tech classes for which the daughter of the first informant was compelled to place the demand before her father and she was subjected to cruelty. She was compelled to place the demand before his elder sister who was living in America who sent the Rs. 2.50 lacs in the account of the first informant and a cheque dated 26.8.2005 was given to the applicant, the same was in encashed also. The applicant has asked to obtain the degree of the M. Tech., thereafter to serve as engineer. In the meantime the daughter of the first informant gave birth to a female child. She was again subjected to cruelty by her in-laws and again a demand of Rs. Ten lacs was raised and daughter of the first informant was asked to bring the same amount from her father, her ornaments and other articles have been taken by the applicant and other co-accused persons are were extending the threats to his daughter. The applicant applied for bail before the learned Sessions Judge, Allahabad who rejected the same on 17.8.2007, being aggrieved from the order dated 17.8.2007 the present bail application has been filed by the applicant,

Heard Sri Mangla Rai and Sri Kamlesh Shukla. learned Counsel for the applicant, learned A.G.A. and Sri Manish Chandra Tiwari and Sri Sanjay Singh, learned Counsel for the complainant

It is contended by learned Counsel for the applicant that there is dispute between husband and wife and there is no medical examination report to show that the wife of the applicant was ever subjected to cruelty and there was no demand of dowry. The applicant has filed a suit for restoration of conjugal right, she does not want to live with the applicant. The applicant has taken the loan from his father-in-law to bear the expenses of the study with an assurance that same shall be returned after getting the employment The applicant in jail for a considerable period, 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 the applicant and other co-accused persons had compelled the first informant to pay dowry, a huge amount of the money has been taken as dowry and to fulfill the demand of dowry the deceased was subjected to cruelty and the applicant has compelled his wife to leave his house and applicant has extended the threats. In such circumstances, if applicant is released on bail, he shall tamper with evidence.

Considering the facts, circumstances of the 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 there is dispute between husband and wife, there is specific allegation against the applicant that he had demanded the dowry up to the some extent it was fulfilled thereafter more demand was raised to fulfill the same. The wife of the applicant was subjected to cruelty. The date of the applicant''s arrest/surrender in the court concerned has not been mentioned in the bail application which is mandatory requirement as provided by the High Court rules, Allahabad under Chapter XVIII Rule 18 Sub-rule (4)(b). The period of detention is also one of the grounds to consider the bail of the accused, if applicant''s arrest/surrender is not mentioned in the bail application, the bail application shall not be entertained. It is also one of the ground to reject the bail application, therefore, without expressing any opinion on the merits of the case, the applicant is not entitled for bail. The prayer for bail the refused. At this stage.

It is directed that no bail application shall be entertained by the Registry if the date of applicant'' arrest/ surrender is not mentioned therein because it is necessarily required by the Rule 18 Sub-rule (4)(b) under Chapter XVIII of the High Court Rules, Allahabad.

A copy of this order shall be placed before the Registrar General for issuing the necessary direction to the concerned section of the office where the bail applications are entertained.

With the above direction this bail application is rejected.