Court No. 20
Crl Misc Case No. 6717 (B) of 2009
Nand Lal Applicant
Vs
State of U.P. Opp. Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the applicant and learned A.G.A. for the
State as well as learned counsel for the complainant.
The accused-applicant Nand Lal is involved and detained in Case
Crime No. 179 of 2009, under Sections 498-A, 304-B I.P.C. and 3/4 D.P.
Act, from Police Station Maurawan, District Unnao.
The prosecution case as disclosed in the FIR in brief is that the
complainant Ravi Shanker, son of late Dwarika Prasad, resident of village
Dudhwan, Police Station Sareni, District Rai Bareli had married his niece
Aneeta Devi alias Neetu to Neeraj, son of Nand Lal, resident of village
Akohari, Police Station Maurawan, District Unnao on 24.04.2008. When
the deceased went to her marital home following her marriage, her father-
in-law Nand Lal, mother-in-law Shobha Devi, sister-in-law (Nanad) Neetu
and Goldee, brother-in-law (cousin devar) Anees, and cousin mother-in-law
Nanha expressed their dissatisfaction over the dowry presented by her
parents to the accused. They put a fresh demand of Rs. 1,00,000/- in cash
and one Bolero from the deceased in the form of dowry. When their
demand was not fulfilled they started to harass and torture her and lastly
they on 18.02.2008 caused her death for dowry.
The submission of learned counsel for the applicant is that the father
of the deceased was living in Bombay. She led luxuries life there. She was
married to Neeraj. The family of the accused is a poor class family.
Therefore, father of the deceased arranged Visa to Neeraj (husband of the
deceased) to go to abroad for earning. Consequently, Neeraj went to Behrin
for earning his livelihood. The deceased was living at her in-laws house in a
miserable condition. She, therefore, committed suicide. The accused are so
poor, therefore, they could not expected to make demand of dowry.
The further submission of learned counsel for the applicant is that
from a perusal of the post-mortem examination report of the deceased, it
appears that cause of death of the deceased was asphyxia as a result of
hanging. It was a case of suicidal death not homicidal death. Prima facie,
there is no evidence against the accused applicant in support of offence
under Section 304 I.P.C. Therefore, accused applicant deserves to be
released on bail.
Learned A.G.A. assisted by learned counsel for the complainant
opposed the bail application and argued that the deceased had died under
unnatural circumstances at the house of accused within one year of her
marriage. The allegations of the demand of dowry are there against the
accused. Prima facie, the accused is guilty under Section 304 I.P.C. He,
therefore, does not deserve to be released on bail.
Considered the submissions of the learned counsel for the applicant
and the learned Additional Government Advocate. Although the deceased
had died within one year of her marriage but admittedly her father was
living in Bombay. From a perusal of the post-mortem examination report of
the deceased, it appears that cause of death of the deceased was asphyxia as
a result of hanging. Keeping in view the totality of the facts and
circumstances of the case, without expressing any opinion on the merits of
the case, accused applicant may be released on bail.
Let applicant Nand Lal be released on bail in aforesaid case crime
number on his furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the court concerned.
10.05.2010
Renu/-