JUDGMENT R.P. Yadav, J.
1. Applicant Shyam Verma is involved in a case punishable under Sections 498A, 307, 304B & 304 IPC and 3/4 Dowry Prohibition Act, Police Station Bah, district Agra in case crime No. 124 of 2004.
2. Heard the learned Counsel for the applicant and learned A.G.A.
3. The applicant is the husband of Smt. Priti Verma, who was married to him on 22.2.2002.
4. The applicant is a businessman in a small town of district Agra and sixth class pass, whereas Smt. Priti Verma was Post Graduate and expert in handling the computer.
5. It is urged by the learned Counsel for the applicant that there was disparity in the educational qualification of the spouse and the wife insisted for shifting of the business from a small town of Agra to Kanpur City, where her parents were living, The applicant was not agreeable to this for the reasons of his own. It is further submitted that some altercation took place between the couple, on account of which, the wife tried to end her life by setting fire to herself and when the applicant noticed her burning, he tried to save her and in that process, he sustained as many as 12 injuries. The wife and husband both was taken to Primary Health Centre, Bah, from where, they were referred to Agra. On receipt of the information of the burn injuries of Smt. Priti Verma, her parents came from Kanpur and forcibly took her away to Kanpur and while taking her away, they also forcibly took with them the applicant and his mother in an unnumbered TATA SUMO. He as well as Smt. Priti Verma, the wife were admitted in the hospital at Kanpur. However, the police apprehending the danger to the life of the applicant and his mother, took them away in police custody and produced before the learned Magistrate for remand in the case, which was registered on the application of the father of the wife. He was produced in the same condition and, thereafter, again he was admitted in the hospital at Agra, where he was confined for medical treatment up to 19th April, 2004, It is further submitted that in the first information report, there are allegations regarding the demand of dowry and cruelty but the dying declaration, which was recorded on 5.4.2004 by the Magistrate, negatives the theory of demand of any dowry or the cruel treatment before the incident in question,
6. It is pointed out that a perusal of the dying declaration of Smt. Priti Verma shows that there was some exchange of hot words between the couple as the applicant suspected her fidelity thereafter the applicant is said to have poured the kerosene and set her to fire. It is submitted that the two theories cannot be reconciled, This is why the learned Additional Sessions Judge while framing the charge, has alternatively framed the charge under Section 304 IPC also. The learned Counsel has also submitted that the Investigating Officer did not find any material against the other seven accused, who were nominated in the F.I.R. and this is why a final report was submitted against them,
7. Referring to the entry in the G.D. of police station Kakadeo, district Kanpur Nagar and Agra, it has also been submitted that a case of kidnapping was registered against the parents and other persons named in the F.I.R. on the basis of the report lodged by the father of the applicant and a case under Section 364A IPC is pending against them for disposal in the court, where they are not appearing.
8. The learned A.G.A. has submitted that in view of the dying declaration, there is a strong case against the applicant.
9. Keeping in view of the facts that the applicant also sustained a number of injuries while trying to save the life of his wife and also the fact that in the dying declaration recorded by the Additional City Magistrate on 5th April, 2004, there is no mention of the fact that there was any demand of dowry or cruel treatment and also keeping in view the other circumstances, I find that the case is fit for bail. In a dowry death case if it is found that the husband also sustained injuries (which cannot be said as superficial in nature) in an attempt to save the life of his wife, it can be reasonably presumed that he had no intention to kill his wife.
10. Let applicant Shyam Verma be enlarged on bail in case crime No. 124 of 2004, under Sections 498A, 307/304B & 304 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bah, district Agra on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. However, the applicant is directed to cooperate with the trial and in case, it is found at any stage that he is trying to delay or unnecessarily linger the trial, it would be open to the learned Sessions Judge/Addl. Sessions Judge seized of the trial to cancel his bail at any stage.