Ashutosh Sharma vs State Of U.P.
2011 Latest Caselaw 4801 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Reserved
 
Criminal Misc. Bail Application No. 19909 of 2011
 
Ashutosh Sharma Versus  State of U.P.
 
Hon'ble Ravindra Singh,J.

Heard Sri Ajai Kumar Misra, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Murlidhar Misra, Sri Akash Misra and Shree Prakash Singh and Smt. Archana Singh, learned counsel for the complainant.

This application has been moved by the applicant Ashutosh Sharma with a prayer that he may be released on bail in case crime no. 85 of 2011 under section 304-B I.P.C. P.S. Sadar Bazar district Saharanpur.

The facts, in brief of this case are that the F.I.R. of this case has been lodged by Vinod Kumar Sharma at P.S. Sadar Bazar on 30.1.2011 at 7.40 p.m. in respect of the incident allegedly occurred on 29.1.2011 at unknown time. It is alleged that the marriage of the applicant was solemnized with the deceased on 11.2.2010, the first informant had given gifts and daily use items and cash of Rs. 2 lacs as gifts to in-laws of the deceased, prior to marriage the applicant and his family members had demanded a I-10 car, the same could not be given by the first informant that is why the applicant and other co-accused persons were too much annoyed and they were uttering that their insult has been done in their caste by not giving the car in the marriage. The deceased was a meritorious students, she was studying in B.Ed. she had passed M.Sc. Examination, in a pre-planned manner, she was taken to Mumbai for attending the marriage ceremony, she did not want to go to Mumbai because she had to make preparation of the B.Ed. Examination, which was scheduled to be held in near future. She had given telephonic message to the first informant that there was a conspiracy against her,but she was consoled by the first informant, the first informant was given a telephonic message by the co-accused Janeshwar Prasad Sharma on 29.1.2011 that the deceased was returning in the company of the applicant and other co-accused persons from Mumbai to Saharanpur by Golden Temple Super Fast Express No. 12903, but the deceased was not traceable, the first informant tried to make contact with the applicant on his mobile phone but no satisfactory reply has been given, it was informed that the F.I.R. has been lodged at G.R.P. Godhara Station whereas the co-accused Arvind informed that the F.I.R. has been lodged at P.S. G.R.P. Ratlam, thereafter, the first informant made efforts to talk them but either they did not talk and ultimately they switched off their phones, then the first informant tried to known the real facts from Ratlam Station, then he came to known that near Godhara Railway Station a dead body of a women aged about 22-25 years was found, its information was given to the applicant and his brother Arvind, the first informant was apprised by the applicant at about 12 O'clock that he and other persons went on sleeping at 12 O'clock, in the morning at about 6.00 a.m. he saw that the deceased was not on her birth, search was made in the train including the toilet but she could not be traced out. It was told by the applicant that he along with the brother get down from the train at Nalanda Station for searching the deceased at about 7.30 p.m. It was confirmed by the applicant that the deceased had died. It is alleged that the deceased has been killed in a pre-planned manner by pushing her down from the train by the applicant and other co-accused persons. According to the Post Mortem Examination Report the deceased has sustained a large number of injuries, the cause of death was due to head injury, the applicant applied for bail before the learned Sessions Judge, Saharanpur who rejected the same on 21.6.2011.

It is contended by the learned counsel for the applicant that the applicant is the husband of the deceased, the allegation with regard to the demand of dowry is absolutely false and frivolous. The deceased was always maintained by his husband in a cool and calm atmosphere, with her consent she was taken to Mumbai, in the company of other family members she attended the marriage ceremony, the families of the applicant and the first informant are residing in the same colony known as Kapil Vihar at Saharanpur, both the families were having cordial relationship even prior to the marriage, the marriage of the deceased was solemnized with the applicant on 11.2.2010, after marriage she had gone to different places in the company of the applicant, both were very happy. The deceased was permitted to take admission in B.Ed. Classes even the fees has been paid from the account of the applicant's father, the applicant, his wife and other family members reached Mumbai on 16.1.2011 by Golden Temple Super Fast Express to attend the marriage of one relative, they remained there for about 10 days. The deceased also enjoyed the marriage function, she also visited different places in Mumbai, photographs were also obtained, the applicant, the deceased and other family members boarded on the train from Mumbai on 28.1.2011 at 9.00 p.m. All the members were on their reserved birth, between 10.30 to 12 O' clock in the night all the family members have gone sleeping on their berth, on 29.1.2011 at about 6.00 a.m. the deceased was not found on her berth, search was made in the train including the toilet, but she could not be traced out, in the meanwhile the train reached at Ratlam Railway Station, the applicant and his brother came out from the train making contact to R.P.F., Assistant Booth but nobody paid proper attention, in the meanwhile the train started, then they again boarded the train, at about 8.00 p.m. the train reaches at Nalanda Railway Station, the applicant and his brother came out from the train and met Sri Ajai Sharma R.P.F. Inspector, who inquired and informed that near Godhara Railway Station, dead body of a lady was recovered, then the applicant and his brother left the train and hired a taxi to reach Godhara and identified the dead body of the deceased, at that time the police has registered accidental death and got conducted the post mortem examination of the dead body of the deceased. No objection was given by the first informant through fax on 29.1.2011, then the dead body was handed over to the applicant on 30.1.2011 the applicant brought the dead body to Saharanpur and the cremation was done in the night of 30.1.2011, the death of the deceased was as a result of an accident, at the place of the accident there was a turn due to the change of track in the railway line, this place has already been declared as accidental prone zone by the railway department in the month of January, 2011, five accidental deaths had occurred at that place at different times prior to the alleged incident, everything was normal, the deceased was also enjoying the trip, the I.O. recorded the statement of the residence of the vicinity who clearly stated that the deceased was leading a happy married life, she was not subjected to any cruelty and there was no such complaint. The deceased, during her stay at Mumbai, was in regular touch with her family members and relatives, one Pramod and other relative of the deceased had forcibly taken away the mobile phone of the applicant. The allegation that one L.I.C./F.D.R. of one lac on 31.1.2010 in the deceased Swati, this claim is apparently unacceptable. The price of the I- ten car was more than four lacs apart from it the said amount was withdrawn from the account of the deceased Swati, which was in the F.D.R. / L.I.C. Policy. The applicant is a Government servant working as a clerk in the P.W.D. Department of the Government of U.P. The applicant is not having any criminal antecedents. The present case does not come in the purview of the dowry death, no offence under section 304-B I.P.C. is made out. The applicant is an innocent person, he may be released on bail.

In reply to the above contention it is submitted by the learned A.G.A. and the learned counsel for the complainant that it is a case in which the marriage of the deceased was solemnized on 11.2.2010, she has died on 29.1.2011, the deceased has died within 11 months of her marriage, the deceased has died in a pre-planned manner, the death of the deceased is unnatural, the deceased has been killed in a pre-planned manner, there was no scope of accidental fall from the reserved coach of the train because in the night all the doors are kept closed. The deceased was thrown from the train by the applicant and other co-accused persons for not fulfilling the the demand of dowry, the manner in which the alleged occurrence has taken place shows that in furtherance of a conspiracy the deceased was thrown from the train even the information of the death was not given to the first informant. The evidence collected by the I.O. during investigation shows that that the deceased has not died accidentally, the applicant is the husband of the deceased, he is the main accused, therefore, he may not be released on bail.

Considering the facts, circumstances of the case, submissions made by the learned counsel for the applicant and the learned A.G.A. and the learned counsel for the complainant and from the perusal of the record it appears that the marriage of the deceased was solemnized with the applicant on 11.2.2010, her dead body was found near the railway line, admittedly she was travelling in the same coach in which the applicant and his family members were travelling, the berth was reserved to the deceased and other family members, the deceased has died within 11 months of her marriage, the allegation with regard to demand of dowry has been made, but according to the post mortem examination report the deceased has sustained many injuries including the fracture of the bones, the death was unnatural, the applicant being the husband of the deceased is the main accused, he was under obligation to protect the life of his wife, but the applicant has failed to do so and without expressing any opinion on the merits of the case, the applicant is not entitled for bail, the prayer for bail is refused.

Accordingly this bail application is rejected.

Dt. 23.9.2011

NA