Krishna Kumar, J.@mdashHeard learned Counsel for the applicant and learned A.G.A.
2. This is second bail application. The first bail application was rejected on 3.3.2000.
3. The applicant is husband of deceased-Smt. Asha who died in suspicious circumstances within seven years of marriage. Allegedly, there was dowry demand and torture, etc.
4. Learned Counsel for the applicant contended that it was applicant who got his wife admitted in the hospital and it shows bona fide on his part.
5. It was further contended that since the rejection of first bail application, about one year has passed. It is also contended that it was accidental injuries due to which Smt. Asha died.
6. Learned Counsel for the applicant had filed bed head ticket to show that at the time of admission, the deceased told to the Doctor that she received burn injuries because of fall of kerosene oil lamp in her room. It was also mentioned that after that she became unconscious. The said version mentioned before the Doctor being very relevant for the purpose of this case, several opportunities were given to the learned A.G.A. as well as the counsel for the complainant who appeared on behalf of the complainant to oppose the bail application, filing any contradictory fact. However, both of them failed to file any evidence contradictory against this fact, and the result is that that at this stage, the facts mentioned by the Doctor are prima facie to be taken into consideration and believable version of the deceased.
7. Learned Counsel for the applicant also contended that the B.H.T. shows that it was applicant Jogendra who brought his wife to the hospital for treatment. The injuries were also noted in an accidental register. Prima facie it is made out that as per the Doctor mentioned, it were accidental burn injuries. Learned Counsel for the applicant argued that there are papers (Annexures-4 and 5) to show that marriage has been performed in the year 1992, i.e., more than seven years had passed. It is further contended that the applicant is in jail for the last about 1-1/2 years.
8. Considering all the facts mentioned above and the detention of the applicant in jail, the second bail application is allowed.
9. Let applicant-Jogendra alias Raju involved in Case Crime No. 493 of 1999, u/s 498A/304B, I.P.C. and Section 3/4 of Dowry Prohibition Act, police station Sardhana, district Meerut, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of C.J.M./Court concerned.
