Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15155 of 2018 Applicant :- Rohit Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Bhushan Kunwar,Mr. Kamal Krishna Senior Advocate Counsel for Opposite Party :- G.A.,Mewa Lal Shukla,Ranjay
Hon'ble Rajul Bhargava,J.
Heard Sri Kamal Krishna, learned senior counsel assisted by Sri Shashi Bhushan Kunwar, learned counsel for the applicant, Sri Mewa Lal Shukla, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.587 of 2017, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Phephna, District Ballia, with the prayer to release him on bail.
The accusation against the applicant, in brief, as contained in the first information report lodged by the father of the deceased, is that he had married his daughter Priyanka with the applicant on 12.7.2016 and had given sufficient dowry in the marriage. However, her husband (applicant) and other family members were not satisfied with the same and were compelling the first informant and his daughter to bring more dowry. It is stated that on the intervening night of 17/18.10.2017 at about 2 A.M., her husband Rohit informed that informant's daughter has fallen from the stairs and is unconscious, therefore, they are taking her to B.H.U. Hospital, Varanasi. The informant's daughter remained hospitalized and ultimately succumbed to the injuries on 23.10.2017. Learned counsel for the applicant has argued that no additional dowry was ever demanded by the applicant or his family members. It has argued that the deceased was of short temperament and the deceased was insisting to go in a hill station during Deepawali festival. It was not agreed upon by the applicant and he suggested that after the festival is over they will go to the hill station, on being refused the deceased out of anger committed suicide.
Per contra, learned counsel for the informant and learned AGA vehemently opposed the bail application and submitted that the deceased died within one year and three months of her marriage under unnatural circumstances. They further pointed out that in the supplementary affidavit a new plea has been set up by the applicant that the deceased was insisting for going to hill station during Deepawali festival and on being refused, she committed suicide being a lady of short temper, whereas in paragraph-20 of the affidavit, it is stated that the wife of applicant received injuries by falling from railing stairs when she was opening the door of the room locked with iron angle. Accidentally her tippet got entangled round her neck due to which she suffered injuries on her neck. Learned counsel submitted that the applicant has not come up with clean hands and the applicant is the main accused who is responsible for the death of his wife within such a short span of her marriage, is not entitled to be released on bail.
Without expressing any opinion on the merits of the case, at this stage, I do not find it to be a fit case for grant of bail to the applicant.
Accordingly, the bail application is rejected.
Order Date :- 30.4.2018 Hasnain