JUDGMENT Ravindra Singh, J.
1. This application has been filed by the applicant Amresh and Smt. Indrawati with a prayer that they may be released on bail in Case Crime No. 305 of 2007 under Sections 498A, 304B I.P.C. and Section 3A Dowry Prohibition Act, P.S. Sarai Inayat, District Allahabad.
2. It is contended by learned Counsel for the applicants that applicant No. 1 is the jeth of the deceased and applicant No. 2 is mother-in-law of the deceased. The marriage of the deceased was solemnized with Sarvesh Kumar Pandey in the night on 20/21.05.2001. According to the post mortem examination report the cause of death is due to asphyxia as a result of smothering. The applicants were living separately, they were having no concern with the demand of dowry and subjecting the deceased to the cruelty. The applicants are innocent persons, they have been falsely implicated due to ill will of the first informant, therefore, they may be released on bail.
Heard Sri G.S. Chaturvedi senior Advocate assisted by Sri Ajatshatru Pandey, learned Counsel for the applicants, learned A.G.A. for the State of U.P. and Sri B.R. Singh, learned Counsel for the complainant.
3. 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 FIR has been lodged only against the applicants and co-accused Vishwa Nath Pandey. The FIR has not been lodged against the husband of the deceased. The applicants and other co-accused persons have committed the murder of the deceased by way of smothering, thereafter, she was set on fire to give the another colour of the incident. According to the post mortem examination the deceased has sustained burn injuries all over the body and the cause of death was due to smothering. The applicants were living along with the deceased. The applicants have filed a forged marriage card in the Session Court showing the date of marriage i.e. 21.04.2000. According to the ration card annexed along with the present bail application, the name of the husband of the deceased is mentioned as family member of the applicant Amresh. The deceased has been murdered due to non fulfilment of the demand of dowry and the deceased was subjected to cruelty soon before her death, therefore, the applicants may not be released on bail.
4. Considering the facts, circumstances of this case, submissions made by learned Counsel for the applicants, learned A.G.A, learned Counsel for the complainant and from the perusal of the record it appears that in the present case the death of the deceased has occurred within 7 years of her marriage. The specific allegation of committing the murder of the deceased has been made against the applicants. The cause of death was due to throatling. The deceased was murdered thereafter she was put on fire because she has sustained post mortem burn injuries all over the body. There was a demand of dowry for which the deceased was subjected to cruelty. The gravity of the offence is too much and there is no cogent evidence to show that the applicants were living separately. No case for bail is made out, the applicants are not entitled to be released on bail. The prayer for bail is refused.
Accordingly, this application is rejected.