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Reserved
Criminal Misc. Bail Application No. 33024 of 2009
Sheel and another ......................... .......Applicants
Vs.
The State of U.P. ........................... Opp.Party.
Hon'ble Ravindra Singh, J.
This Bail application has been filed by the applicants Sheel and Smt.
Suman with a prayer that they may be released on bail in case crime no. 115 of
2009 under sections 498-A, 304-B IP.C. and ¾ Dowry Prohibition Act , Police
Station Nagla Singhi, District Firozabad.
Heard Sri Raj Bahadur , learned counsel for the applicants, learned
A.G.A. for the State of U.P. , Sri Dwijendra Prasad, learned counsel for the
complainant and perused the record.
It is contended by learned counsel for the applicants that the FIR of this
case has been lodged by Sarvesh Kumar on 29.7.2009 at about 9.40 a.m.in
respect of the incident which had occurred on 29.7.2009 at 6.00 a.m. The
marriage of the deceased Smt. Savita was solemnized about 2 years prior to the
alleged incident with the co-accused Vijay Singh, the allegation of demand of Rs.
50,000/- has been made, for which the deceased was killed by way of hanging.
There are general allegations against the applicants and other co-accused
persons. There is no specific allegation against the applicants. The applicants
were having no concern with the demand of dowry and subjecting the deceased
to the cruelty, the applicants are Jeth and Jethani of the deceased, respectively
According to the post mortem examination report, the deceased had sustained
ante- mortem ligature mark in the neck, the cause of death was due to hanging.
The deceased had committed suicide because she was not satisfied with her
husband, who was unemployed person. The allegation made in respect of the
demand of dowry is absolutely false and baseless. The applicants were living
separately, they were having no concern with the family affairs of the deceased
and her husband. The Co-accused Smt. Guddi, who is also Jethani of the
deceased and named in the FIR has been released on bail by this Court on
28.10.2009 in Criminal Misc. Bail Application No. 28748 of 2008, the case of the
applicants is based on the same footing with the case of the above mentioned
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co-accused.
In reply of the above contention it is submitted by learned counsel for the
Complainant and learned A.G.A.that the deceased has died within two years of
her marriage, the demand of dowry was raised, the death was unnatural,
therefore, the applicant and other family members are responsible for the death
of the deceased and the applicants were not living separately. therefore, the
applicants may not be released on bail.
Considering the facts, circumstances of the case, submission made by
learned counsel for the applicants, learned A.G.A., learned counsel appearing on
behalf of the complainant and from the perusal of the record, it appears that the
applicants are Jeth and Jethani of the deceased, there are general allegations
against the applicants and other other co-accused persons, there is no specific
allegation against the applicants, the cause of death was as a result of hanging,
the case of the applicants is on the same footing with the case of the co-
accused Smt. Guddi, who has been released on bail by this Court on 28.10.2009
but the case of the applicant is distinguishable with the case of the co-accused
Vijay Singh, the husband of the deceased and without expressing any opinion on
the merits of the case, the applicants are entitled for bail.
Let the applicants Sheel and Smt. Suman involved in case crime no.
115 of 2009 under sections 498-A, 304-B I.P.C. and ¾ Dowry Prohibition Act ,
Police Station Nagla Singhi, District Firozabad be released on bail on their
furnishing a personal bond and two heavy sureties each in the like amount to
the satisfaction of the Court concerned.
Dated : January 27, 2010
SU