Ram Kali v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11732 of 2019

Applicant :- Ram Kali Opposite Party :- State Of U.P. Counsel for Applicant :- Anvir Singh Counsel for Opposite Party :- G.A.

Hon'ble Harsh Kumar,J.

Heard learned counsel for applicant, learned A.G.A. and perused the record.

Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being mother-in-law of deceased; that as per averments made in F.I.R. lodged on 31.10.2018 by Girendra, his daughter Moni was married to Kripa Shankar on 19.6.2018 and since after marriage, she was being treated with cruelty for non fulfilment of demand of motorcycle and after attempting to burn her to death, she was hanged to death; that in her statement under section 161 Cr.P.C., the mother of deceased Smt. Vimla Devi has stated that husband of deceased used to make demand of motorcycle, as dowry and she buffalo and despite giving she buffalo, her husband continued to commit marpeet with her; that no specific role has been assigned to applicant in making demand or treating deceased with cruelty for non fulfilment of demand of motorcycle, rather specific role has been assigned to husband of deceased; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant may not be beneficiary of motorcycle allegedly demanded, as dowry; that due to dispute between husband and wife, deceased appears to have committed suicide by hanging herself or may have been hanged to death by her husband; that applicant did not cause dowry death of deceased; that case of applicant is distinguishable from Kripa Shankar, the husband of deceased; that applicant is an old and sick lady of 60 years; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 2.11.2018.