Allahabad High Court
Dilip Chandra Verma Son Of Sri Mangal ... vs State Of U.P. on 25 May, 2006
Author: Ravindra Singh
Bench: Ravindra Singh
JUDGMENT Ravindra Singh, J.
1. This application has been filed by the applicant Dilip Chandra Verma with a prayer that he may be released on bail in ease erime No. 312 of 2005 under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act P.S. Kidwai Nagar district Kanpur Nagar.
2. The prosecution story in brief is that the F.I.R. of this case has been lodged by Satya Prakash Singh at P.S. Kidwai Nagar on 11.9.2005 at about 6.45 p.m. in respect of the incident which had occurred on 11.9.2005 at about 11.30 a.m., the F.I.R. was lodged against the applicant and three other co-accused persons. The applicant is the husband of the deceased Smt, Deepti Verma. It is alleged that the marriage of the deceased was performed with the applicant on 21.4.2001, a sum of Rs. 10 lack was spent in the marriage, a Maturi 800, Fridge. T.V. Cooler and Rs. 5 lack in cash and other articles were given in the dowry. But after the marriage the applicant and other co-accused persons raised the demand of Rs. 5 lac. To fulfill the demand of dowry the deceased was beaten by them and she was subject to cruelty, even proper food was not provided to her and they used to lock her in room. The first informant and other family members repeatedly requested the applicant and other but the applicant and other co-accused persons did not change (heir behavior then Dr. Devender Singh, brother of the deceased paid Rs. 2 lac through Bank draft. Thereafter, the deceased was kept by the applicant and Ors. peacefully for a short time but they again started harassing her, on 11.9.2005 at about 11.30 a.m. through Guddu Doshi, a tenant of the applicant, who gave a telephonic massage to the first informant that the deceased has committed suicide by way of hanging, on that information, the first informant reached at the house of the applicant at about 5'p.m. and saw the dead body of the deceased lying in Varanda. It is alleged that the deceased has been murdered by the applicant and other due to non fulfillment of the demand of Rs. 5 kick. The F.I.R, was lodged by the first informant at the police station. Thereafter inquest report was prepared on 11.9.2005 since 7.50 p.m. to 8.45 p.m., thereafter the post mortem was conducted on 12.9.2005, as per post mortem examination report the cause of death was Asphyxia as a result of handing.
3. Heard Sri Gopal Chaturvedi, Senior Advocate, assisted by Samit Gopal, learned Counsel for the applicant and the learned A.G.A. for the State of U.P. and Sri Dinesh Kumar Rai, learned Counsel for the complainant.
4. It is contended by the learned Counsel for the applicant I. That the applicant is the husband of the deceased. He is in jail since 12.9.2005. he has been falsely implicated in the present case. There is general allegation against the applicant and other co-accused persons. There is no specific allegation against the applicant.
II. That the deceased was always maintained in cool and calm atmosphere. There was a demand of dowry. The allegation made in respect of the demand of dowry and currently arc absolutely false and baseless.
III. That the allegation that a draft of Rs. 2 lac was given by Dr, Dcvendra Singh, brother of the deceased, is incorrect, because the amount of this draft was given to the deceased on the condition that the same shall be returned as and when it will be possible. The applicant was enjoying the happy married life. He has purchased a property in his name and in the name of the deceased from the Lucknow Development Authority in Gomti Nagar extension, IV. That the Banker cheque issued by Dr. Devendra Singh was deposited in the joint account No. 50240 in the Bank of Baroda, Kidwai Nagar, Kanpur Nagar. The deceased had many shares in her name which has been purchased by the applicant through Zuari Investment limited.
V. That there is no evidence to show that the deceased was subjected to cruelty soon before her death.
VI. That the deceased was ailing for a long period and she was under the medical treatment of Dr. A.S. Gautam, she was a patient of low blood pressure also. The other co-accused Mangal Vcrma has been released on bail by this Court on 20.11.2005, the co-accused Smt. Savitri has been released on bail by the learned, magistrate Kanpur Nagar on 6.12.2005, the co-accused Vijai Kumar alias Vijai Prakash has been released on bail by the learned In-charge Session Judge, Kanpur Nagar on 21.11.2005. The role assigned to the applicant is of the same as of other above mentioned co-accused person, who have been released on bail. Therefore, the applicant is also entitled for getting the benefit of parity.
VII. That the applicant is the man of high respect, he belongs to a high reputed family. At the time of alleged occurrence he was posted as Manager in the Bank of Baroda, Kabari Markt Branch Kanpur Nagar. The father of the applicant was a lecturer in the Ddepartment of Education in B.N.S.T. Intermediate College Kanpur Nagar. He has been retired in the year 1999., the elder brother of the applicant namely Mahesh Chand Verma is the Area Manager in L.I.C. Mutual Fund.
VIII. That the applicant is ready to furnish bail bond as required by court concerned therefore, he may be released on bail.
It is opposed by the learned A.G.A. and the learned Counsel for the complainant by submitting
1. That the applicant is the husband of the deceased. The marriage of the deceased was solemnized on 21.4.2001 and she has died on 11.9.2005. The death is within 5 years of her marriage. There was a demand of dowry and to fulfill the demand of dowry the deceased was subjected to cruelty consequently she committed suicide. No other reason has been shows by the applicant to commit the suicide.
2. The cause of death was unnatural. The applicant will not get any benefit of the bail granted because being the husband of the deceased the case of the applicant is distinguishable with the case of other co-accused. The applicant is the main accused, therefore, he may not be released on bail.
Considering the facts and circumstance of the case and the submissions made by the learned Counsel for the applicant and the learned A.G.A. and considering the fact that there was demand of dowry and the deceased was subjected to cruelty for fulfillment of the demand of dowry and the deceased had died within 5 years of her marriage and the applicant is the husband of the deceased without expressing any opinion on the merits of the case the applicant is not entitled fro bail, therefore, the prayer for bail is refused,
5. Accordingly this application is rejected.