Banty v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31317 of 2016

Applicant :- Banty Opposite Party :- State Of U.P. Counsel for Applicant :- Raj Kumar Kesari,Dhiresh Kumar,Santosh Singh,Shamsher Bahadur Maurya,Vikram Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Amit Daga, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State as well as perused the material on record.

The present bail application has been filed by the applicant-Banty with a prayer to enlarge him on bail in Case Crime No. 06 of 2005, under Sections 498-A , 304-B I.P.C. and Sections 3/4 D.P.Act, Police Station-Vijay Nagar, District-Ghaziabad, during the pendency of the trial.

It has been argued by the learned counsel for the applicant that the first information report has been lodged by Vijay Pal i.e. father of the deceased, namely, Bharti on 24th September, 2005 through an application made under Section 156 (3) Cr.P.C. against five accused persons, namely, applicant-Banti (husband), Suresh (father-in-law), Smt. Gaeshari (mother-in-law), Santy (brother-inlaw) and Ram Devi (sister-in-law) of the deceased alleging therein that the marriage of the daughter of the informant, namely, Bharti i.e. the deceased was solemnized with the applicant on 13th March, 2003 in accordance with the Hindu Rites and Customs and he had given much money, ornaments, goods etc. to his capacity as dowry in the said marriage. It has further been alleged that since the inlaws family of the deceased were not satisfied with the dowry and there was additional demand of dowry of Rs. 50,000/- for construction of shop, she was being harassed mentally and physically continuously after the marriage. When the said demand had not been fulfilled, they had threatened the deceased to kill her. Thereafter the deceased requested the first informant not to send her to her in-laws' place as they had tortured to kill her due to nonfulfilment of additional demand of dowry. One day, she was beaten by her in-laws family and she was sent out of the house after which she had gone to her sister's place and narrated the whole happening.Thereafter she was taken from her sister's place to her in-laws' place. She was being continuously harassed and beaten for additional demand of dowry of Rs. 50,000/-. Ultimately, all the accused persons including the applicant murdered the deceased on 15/16th June, 2005. At that time dead body of the deceased was at her in-laws' place. When the informant came to know about the death of his daughter i.e. the deceased, he on 16th June, 2005 went to the Police Station to lodge the first information report but the Police has not registered the first information report, after which he has moved an application under Section 156 (3).