Kumari Rekha (In Jail) vs State of U.P.

M.L. Singhal, J.—I have heard the Learned Counsel for the accused-applicant and the learned A.G.A. for the State. The accused-applicant has applied for bail under Sections 304B and 498A, I.P.C.

The prosecution story is that on 28.4.1999 at about 6.00 p.m., the deceased, father-in-law, Ram Kumar, mother-in-law, Mannudevi and sister-in-law. Km. Rekha (the present applicant) on account of Dowry demand set fire to the deceased. In the post-mortem examination, burn injuries have been found. The F.I.R. about the occurrence was lodged by the father of the deceased on 29.4.1999 at 6.30 a.m. As argued by the Learned Counsel for the accused-applicant, immediately after the occurrence the same day, the applicant�s father lodged F.I.R. at the Police Station in which he clearly stated that the deceased committed suicide by setting fire to herself. The lodging of the F.I.R. immediately after the occurrence by the applicant�s father is an act inconsistent with the guilt of the accused.

The accused-applicant, Km. Rekha, in Case Crime No. 60 of 1999, u/s 498A/304B, I.P.C., P.S. Jalalpur, District Hamirpur, shall be admitted to bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate concerned.