Ramnath v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9606 of 2019

Applicant :- Ramnath Opposite Party :- State Of U.P. Counsel for Applicant :- Surnedra Prasad Shukla,Nilam Shukla 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 father-in-law of deceased; that as per averments made in F.I.R. lodged on 30.3.2018 by Bhuilot, his daughter Archana was married to Vijay in May, 2013 and since after marriage she was being treated with cruelty for non-fulfilment of demand of Rs.2 Lakhs, as dowry and on 28.3.2018 her dowry death was caused by her husband and in-laws after putting cloth in her mouth, beating her with kicks, fists, slaps and strangulating her to death; that entire prosecution story is absolutely false and incorrect; 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 Rs. 2 Lakhs allegedly demanded, as dowry; that as per post-mortem report cause of death could not be ascertained and viscera report states that Aluminium Phosphide poison was found in parts of her viscera; that due to dispute between husband and wife, deceased appears to have been administered or consumed Aluminium Phosphide poison resulting in her death for which her husband may be responsible; that case of applicant is distinguishable from husband of deceased; that co-accused Sudama Devi (mother-in-law of deceased) has been granted bail by another Bench of this Court vide order dated 15.2.2019 passed in Criminal Misc. Bail Application No.5511 of 2019, copy produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 1.5.2018.