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2012 DIGILAW 542 (UTT)

RAJESH v. STATE OF UTTARAKHAND

2012-09-06

PRAFULLA C.PANT

body2012
JUDGMENT Prafulla C. Pant, J. Heard. Applicants-Rajesh and Smt. Usha, who are in jail in connection with F.I.R. No. 73 of 2012, relating to offences punishable under Sections 498A, 323, 504, 506, 307 and 304B of I.P.C., and one punishable under Sections 3/4 of Dowry Prohibition Act, 1961, Police Station Jaspur, District Udham Singh Nagar, have sought their release on bail. 2. First bail application was dismissed as withdrawn on 31.7.2012. Marriage of the deceased was solemnized with the son of the present applicants on 25.6.2011. Within one year of said marriage on 6.5.2012, it is alleged that the deceased was set on fire by pouring kerosene by the present applicants, who are father-in-law and mother-in-law of the deceased. It is pointed out that on the very day the deceased was taken to hospital at Jaspur on 6.5.2012, from where she was referred on 10.5.2012 to Sushila Tewari Hospital, Haldwani, from where she got discharged on 20.5.2012. It is alleged that she was taken to Delhi for further treatment but died on 27.6.2012, i.e. two days after completion of one year of her marriage. It is further alleged in the First Information Report by the brother of the deceased that the applicants and their sons used to harass the deceased for non-fulfillment of demand of dowry. 3. Learned Counsel for the applicants submitted that the report of the Mahila Helpline shows that actually deceased wanted to live with her husband in Nainital, but he could not take her with him. It is further pointed out that after the incident dated 6.5.2012, deceased appeared in her BA IInd year Examination on 10.5.2012, 11.5.2012, 14.5.2012 and 16.5.2012. It is pleaded on behalf of the applicants that the deceased was not given proper medical treatment by her brother and other relatives. Also, attention of this Court is drawn to Annexure-9 to the affidavit filed with the bail application showing call details, and on its basis it is argued that the father-in-law (applicant No, 1) had called 108, the emergency vehicle for taking the deceased to the hospital. 4. Also, attention of this Court is drawn to Annexure-9 to the affidavit filed with the bail application showing call details, and on its basis it is argued that the father-in-law (applicant No, 1) had called 108, the emergency vehicle for taking the deceased to the hospital. 4. However, perusal of the statement (dying declaration) of the deceased recorded after lodging of the F.I.R. and before her death, which is annexed as Annexure-1 to the counter-affidavit shows that the present applicants and their sons demanded 5 lacs as dowry, and for that reason there was quarrel in the house where after applicants poured kerosene on her and set her on fire. Not only this, Annexure-3 to the counter-affidavit further shows that Leela Devi, a neighbour of the applicants stated that she saw Sangeeta (deceased) coming out of her house in ablazed condition. She further told that she was taken to hospital She has also stated that the applicants, who are father-in-law and mother-in-law did not accompany Sangeeta to hospital. 5. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that it is not fit case for bail. Therefore, this second bail application of Rajesh and Smt. Usha is hereby rejected. (Urgency Application No. 3932 of 2012 stands disposed of).