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RAM KUMAR AGRAHARI versus STATE OF U.P.

High Court of Judicature at Allahabad

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Ram Kumar Agrahari v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22735 of 2006 [2006] RD-AH 18656 (3 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Reserved

Criminal Misc. Bail Application No. 22735 of 2006

Ram Kumar Agrahari vs. State of U.P.

Hon'ble Ravindra Singh,J.

This application has been filed by the applicant  Ram Kumar Agrahari with a prayer that he may be released on bail in Case Crime No. 685 of 2006 under sections 498A,304-B   I.P.C. ¾ of Dowry Prohibition Act  P.S.  Kotwali district Jaunpur.

The prosecution story in brief is that the F.I.R. of this case has been lodged by Sri Shiv Kumar, Advocate on 8.5.2006 at about 12.15 p.m. in respect of the incident which had occurred   in the night of 7/8.5.2006. The F.I.R. has been lodged against the applicant and four other co-accused persons alleging therein that the marriage of the deceased  Smt. Sarita Agrahari sister of the  first informant was solemnized with the applicant about four years prior to the alleged occurrence. The applicant and others co-accused persons were demanding Rs. 1 lac as dowry and to fulfill the same, they were subjecting the deceased to cruelty. The first informant and his father came to the house of the applicant and stated that they were not capable to fulfill the aforesaid demand of dowry but  in its reply, it was stated by the applicant and other co-accused persons that its bad consequences would be faced by the deceased. One week prior the alleged occurrence the deceased had telephonic talks with the first informant in which she  stated that in case Rs. 1 lac was not given to the applicant and other co-accused persons, they may commit the murder of the deceased.  Ultimately, on 8.5.2006 at about 8.30 a.m. the first informant received a telephonic message that his sister Smt. Sarita has been killed at  her husband's house, on that information, the first informant and other persons came to the applicant and saw that she has been murdered to fulfill the demand of dowry and to give it a colour of suicide, the deceased was hanged by her Sari.

According to the Post mortem examination report the deceased has received four ante mortem injuries, in which injury no.1 was a ligature mark around the neck. Injury no. 2 was abrasion over chin. Injury no. 3 was a multiple abrasion in the area of 15 cm x 10 cm on the left forearm  and the head and injury no. 4 was multiple abrasion in the area of 10 cm x 5cm over the right forearm. The cause of death was asphyxia  as a result of hanging.

Heard Sri Satish Trivedi, senior Advocate, assisted by Sri Kamal Krishna, learned counsel for the applicant and the learned A.G.A. for the State.

It is contended by the learned counsel for the applicant that the deceased has committed suicide not on account of any demand of dowry or cruelty. All the allegations made in the F.I.R. in respect of the demand of dowry and cruelty with the deceased are absolutely false and  baseless. Some other  family members of the applicant were employed either at Delhi or at Gurgoan. The applicant has done a course of computer from Aptec and was doing the business of Cyber Cafe since November,  2003 in the City of Jaunpur in the name and style of Kumar Infosys, but the deceased was forcing the applicant to leave  Jaunpur and to live either at Delhi or at Gurgoan but the applicant was not agreed to leave Jaunpur because the mother of the applicant had died in September, 2005 and the applicant was having two unmarried sisters. The father of the applicant is a heart patient and is unable to do day to day work of the house, due to this reason, the deceased had committed suicide. On the day of the alleged occurrence the applicant was not present at the house, he had gone to attend  the Gauna ceremony of Smt. Rita Gupta which had taken place on 7.5.2006 at Chandauli because Ghanshyam Gupta cousin of the applicant has married with Smt. Rita Gupta. Ghan Syam Gupta is posted at Gurgaon. The applicant and his other family members, reached at Chandauli at 8.00 p.m. on 7.5.2006 where the Gana ceremony  was performed, the applicant and others persons stayed there in the night of 7/8.5.2006.  During investigation the I.O. also recorded the statement of some  persons who stated that the applicant and his family members had gone to Chandauli to attend with Gauna ceremony of Ghan Shyam Gupta. The applicant  received  a telephonic message given by Virendra Kumar Gupta what his wife committed suicide. He also gave information to the family members of the deceased at Varanasi and he also gave information to  City control Room Jaunpur. The applicant is innocent, he has not committed any offence. He has been falsely implicated in the present case  only because  he is  husband of the deceased. In case he is released on bail, he shall not temper with the evidence.

In reply to the above contention, it is submitted by the learned A.G.A. that the applicant is the husband of the deceased. The death of the deceased is unnatural, which  has been occurred  within four years of her marriage. According to the Post Mortem Examination report the deceased had received four  ante mortem injuries which suggest that the deceased has been hanged by force by applicant and other co-accused, it is not a case of suicide. There was demand of dowry,the same has not been fulfilled by the first informant and another and to fulfill the demand of dowry the deceased was subjected to cruelty. The applicant being the husband of the deceased, is the main accused.  The plea of alibi shall be considered at the stage of trial. Therefore, he may not be released on bail.

Considering the fact, circumstances of the case and the submissions made by the learned counsel for the applicant and the learned A.G.A. and considering the gravity of the offence  is too much,  and the fact that the death of the deceased is unnatural, it has occurred within four years of her marriage, the allegation of demand of dowry and to fulfill the same, the deceased was subjected to cruelty. The deceased had sustained 4 injuries including a ligature mark on her neck. The plea of alibi is matter of probe which can be raised and considered at the trial state and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused.

Accordingly, this application is rejected.

Dt.

NA


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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