Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused-applicant Shakti Tripathi is involved and detained in Case Crime No. 2426 of 2008, under Sections 498-A, 304-B, 504 I.P.C. and 3/4 D.P. Act, from Police Station Kotwali, District Raebareli.
The submission of learned counsel for the applicant is that the accused applicant is unfortunate husband of the deceased. As per prosecution case, accused were demanding Rs. 1,00,000/- in cash from the deceased in the form of dowry. When their demand was not fulfilled they started to harass and torture her and lastly they on 28.10.2008 caused her death for dowry. In fact, the accused never made any demand of dowry from the deceased. The father of the accused had already purchased Kisan Vikas Patra on 21.05.2007 for Rs.17,000/- in his joint name along with Smt Vineeta Tripathi (deceased). Therefore, there was no occasion to make any demand from the deceased. She was suffering from Migraine pain. She was already going under treatment. The papers related to the treatment of the deceased for Migraine pain have been filed by the accused applicant. As per prosecution case, Arvind Kishore and Annand Kishore (brother of the deceased) on 27.10.2008 went to the house of accused. They asked for Bidai of the deceased on the occasion of Bhaiyadooj. The accused and his family member did not permit her to accompany them. She, therefore, under depression committed suicide.
The submission of learned counsel for the applicant is that as per post-mortem examination report of the deceased, the cause of death of the deceased was asphyxia as a result of anti mortem hanging. This fact shows that the deceased had met to suicidal death. She did not commit suicide for demand of dowry rather she committed suicide under depression. Prima facie, there is no evidence in support of offence under Section 304 I.P.C. against the accused. Therefore, accused applicant deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate.
Learned counsel for the applicant has filed photocopy of Kisan Vikas Patra which has been purchased by the father of the deceased in his joint name along with name of Smt Vineeta Devi. The papers related to the treatment of the deceased for Migraine pain have also been filed by the accused. Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, accused applicant may be released on bail.
Let applicant Shakti Tripathi be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
10.05.2010 Renu/-