JUDGMENT Ravindra Singh, J.
1. This application is filed by the applicant Saurabh with a prayer that he may be released on bail in case crime No. 112 of 2005 under Section 498A, 304B I.P.C. P.S. Kasiraj district Etah.
2. The prosecution story, in brief is that in the present case the F.I.R. has been lodged by Rajesh Kumar, brother of the deceased Smt. Baby alias Pinky on 15.5.2005 at 6.00 p.m. in respect of the incident which had occurred in the night of 26/27.4.2005 at 4.30 a.m. It is alleged that the marriage of the deceased was solemnized with the applicant on 15.12.2004. The amount of Rs. 2 lacs was defrayed in the marriage but the in laws of the deceased were not satisfied with the dowry given to them. They were demanding motor cycle and Rs. 50,000/- and to fulfill the demand of dowry they were torturing the deceased physically and mentally. In the night of 26/27.4.2005 at about 4.30 a.m. the applicant and other co-accused poured acid and petrol on the deceased, consequently, she received injuries she was taken to the hospital. The first informant was given an information about the treatment of his sister in the hospital he went there and saw her condition. Thereafter he lodged the F.I.R.
3. Heard Sri Radhakrishna Yadav learned Counsel for the applicant; learned A.G.A. and Sri S.P. Rthore, learned Counsel for the complainant.
4. It is alleged by the learned Counsel for the applicant: -
I. That there was no demand of dowry and the deceased was never subjected to cruelty to full fill the demand of dowry. She was always maintained as a house wife in a cool and calm atmosphere. She did not receive any injury as alleged by the prosecution. The deceased received injury accidentally due to short-circuits of electric wire, She was taken to the C.H.C. Kasiraj where she was medically examined and referred to better hospital. She was also admitted by the applicant in the hospital, during her treatment blood was given to her by the family members of the applicant and the applicant provided medical aid and borne the heavy expenses.
II. That the deceased was caught by fire accidentally, the younger brother of the applicant namely Gaurav tried to save her life who also suffered burn injuries. He was medically examined on 27.4.2005, he received superficial to deep burn injuries.
III. That the deceased was forcibly taken by the first informant against her wishes from the hospital of Kasganj to district Hospital Farrukhabad where she died.
IV. That the applicant gave information to the first informant on that information the first informant came to the hospital and the deceased was tutored by the first informant and others and a tutored dying declaration was recorded on 27.4.2005.
It is opposed by the learned A.G.A. and the learned Counsel for the complainant by submitting :
1. That the death of the deceased was unnatural, she died due to burn injuries within five months of her marriage. There was a demand of dowry. She was subjected to cruelty to fulfill the same. The applicant is the husband. He is the main accused. The dying declaration of the deceased was recorded on 27.4.2005 at 11.30 a.m. in which she clearly stated that she was beaten by the applicant and kerosene was poured on her by the applicant, thereafter, she was set on fire. She has made allegation which is against the applicant. She did not make any allegation against other family members, in such a circumstances the applicant may not be released on bail.
Considering the fact, and circumstances of the case and the submission made by the learned Counsel for the applicant and the learned A.G.A., and considering the fact that the deceased died within 5 months of her marriage, the death is unnatural, the allegation of demand of dowry and cruelty is against the applicant, there is a dying declaration of the deceased in which specific role of committing the murder of the deceased has been attributed to the applicant and without expressing any opinion on the merit of the case, the applicant is not entitled for bail. The prayer for bail is refused.
5. Accordingly this application is rejected.