JUDGMENT Vinod Prasad, J.
1. Anil Kumar Singh has approached this Court under Section 439(1) Cr.P.C. seeking his release on bail in crime No. 128 of 2005, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Handia, District Allahabad. His prayer for bail has been rejected by both the Courts below vide annexure No. 7 to this affidavit.
2. The prosecution case in a nut shell against the applicant is that the applicant was married with Sarita Singh @ Baby on 8.6.06. In marriage, the informant Devendra Bahadur Singh had given dowry according to his economic status. After the marriage Sarita Singh @ Baby was tortured for demand of a motor cycle and Rs. 30,000/-. On 24.6.05, the informant had gone to the house of in-laws of Sarita Singh and had assured them to fulfill their demand. On 28.6.06, the applicant came to know at 12 P.M. that his sister Sarita Singh @ Baby was throttled by Shyamraj Singh (father-in-law), mother-in-law, Anil Kumar Singh, the present applicant (husband) as well as his younger brother Ajay Singh (dewar). The informant scribed the FIR and lodged it on the same day at 3.30 P.M. at P.S. Handia, District Allahabad. His said FIR was registered as crime No. 128 of 2005, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act. The autopsy report of the deceased Sarita Singh @ Baby (annexure No. 2) indicates that there was a ligature marks on her neck 9c.m. x 1/2 cm. on front of both sides. Blood fluid was coming out of her both nostrils and cause of her death was asphyxia as a result of hanging. On the said fact the bail application of the applicant has been pressed by counsel for the applicant.
3. Heard Sri V.P. Srivastava, Learned Senior Counsel in support of this bail application and learned AGA in opposition.
4. It is contended by Sri V.P. Srivastava, counsel for the applicant that the whole prosecution case is absolutely false and cooked up. He further submitted that the deceased was not keeping well and she was under constant medical treatment and because of her illness that she committed suicide and, the FIR was lodged by the brother of the deceased. He further submitted that at the time of the inquest, parental relatives of the deceased were present but at that time they did not make any complaint regarding demand of dowry. He further submitted that the applicant is in jail since 28.7.05 but the trial has not commenced as yet and even the charges has not been framed. He has invited the attention of the Court on the certified copy of the order sheet of Sessions Trial No. 553 of 2006 pending before Sessions Judge, Allahabad for the said purpose which indicates that till 26.9.06, the charger were not framed against the applicant. Learned Senior Counsel also invited the attention on the various medical prescriptions of the deceased which has been filed as annexure No. 5 to this bail application. The said medical prescription of various dates indicates that Santa Singh @ Baby was under medical treatment of doctors Ramashrey Upadhyay, doctor Vandana Bansal of Jeevan Jyoti Hospital, Allahabad, Dr. Rekha Saxena of the same hospital and there are some pathological and hematology reports also in her respect. Learned Counsel contended that the disease of the deceased was aggravated so much that she was shown to doctor Sri N.C. Dwivedi, Neurologist in M.L.N., Medical College, Allahabad. He had also filed the E.E.G. report of the deceased as well. He submitted that because the father of the deceased was in the knowledge of the disease of the deceased, therefore, he did not lodged any FIR but the brother Devendra Bahadur Singh lodged the FIR, With malicious intention and there was no demand of dowry and hence the applicant should be released on bail.
5. Learned AGA, on the other hand, submitted that there are allegations of demand of dowry and that the death of the deceased was unnatural within seven years of the marriage and the applicant is the husband and, therefore, he does not deserves to be released on bail.
6. I have considered the submissions raised by both the sides. In this case, it is clear that the deceased was under medical treatment under various medical doctors and that the cause of her death is hanging without any external marks of injury except the ligature marks. It is also clear that at the time of the inquest, the parental relatives of the deceased were present on the spot but they did not made any complaint regarding demand of dowry. It is also clear that it was the husband who was getting the deceased treated and medically examined from various doctors and this fact that the deceased was under medical treatment was suppressed by the prosecution. On the overall consideration of facts and merits of the matter, I am of the view that the applicant deserves to be released on bail as his defence at this stage can not be said to be absurd or palpably false.
7. Let the applicant Anil Kumar Singh involved in case crime No. 128 of 2005 under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Handia, District Allahabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of C.J.M. Allahabad.