Saroj and Another vs State of U.P.

Aditya Nath Mittal, J.—Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

As per prosecution story, the daughter of the informant was married with Sanni Tiwari on 23.6.2011. The applicants who are fatherinlaw and motherinlaw of the deceased had demanded additional dowry from the deceased and her family members. She was tortured and ultimately on 21.9.2012 the informant received the information that she had been murdered by burning. Upon this information, the informant went on the spot and found that his daughter was lying in water tank in the burn position. The report was lodged on 21.9.2012 at 21.15 hours.

Learned counsel for the applicants has submitted that demand of motorcycle has been alleged and the beneficiary of the said motorcycle may be the husband of the deceased. It has also been submitted that the applicants are in jail since 2.11.2012 and being family members they have been falsely implicated. It has also been submitted that as per Ration Card, they were living separately and they have been falsely implicated.

Learned AGA has opposed the prayer for bail and has submitted that the death has occurred within 7 years of the marriage under unnatural circumstances and on the dead body of the deceased, the smell of kerosene oil was found.

The applicants had filed the copy of Ration Card as Annexure4 which contained the date of 13.9.2011. Upon some doubt, this Court directed the learned counsel for the applicants to submit the original ration card which has been produced today in original. The original Ration Card do not contain any such endorsement of 13.9.2011. It is thus clear that Annexure4 has been fabricated and the date "13.9.2011" has been mentioned just to misguide the Court. It is also relevant to mention that the original Ration Card which has been produced today is in a torned position and it appears that it has been torned from 4 sides including the photograph and the name of card holder. This ration card appears to be totally false and fabricated and it is hereby ordered that it shall be kept on record and shall not be returned to the applicants.

As far as the merits of the case are concerned, there are specific allegations of demand of additional dowry and torture. The dead body in burn position has been found in the water tank and as per the inquest report, the applicants were not present on the spot. It appears that the deceased has been murdered brutally within 7 years of marriage. The conduct of the applicants in filing the false and fabricated copy of ration card further goes to create the doubts regarding the genuineness of the contention of the applicants.

For the facts and circumstances of the case, I do not find any sufficient ground to enlarge the applicants on bail.

The application for bail in Case Crime No.490 of 2012, under Sections 498A, 304B IPC and Section Dowry Prohibition Act, Police Station Kotwali District Auraiya, is rejected.

The conduct of Mr. Ram Chandra Sahu, Advocate Regd. No.U.P. 13131/10 is also highly suspicious as it appears that he has attested the Annexure4 without perusing the original Ration Card. It is recommended that his name should be removed from the list of Oath Commissioner.

Let the original Ration Card presented today be kept in sealed cover along with this file.