GOPI ALIAS GOVIND BHARADWAJ Vs. STATE OF C G

JUDGEMENT

(1.) THE accused/applicant has preferred this bail application under Section 438 of the Cr.P.C. apprehending arrest in Crime No. 305/2004 registered at Police Station City Kotwali, Raigarh for commission of the offence under Section 306 of the Indian Penal Code for releasing him on anticipatory bail before arrest.

(2.) THE case of the prosecution is that deceased-Mamta Bhardwaj was married to the present accused/applicant on 28-2-2000 and out of the wedlock one female child of two years is there. On 18-04-2004 at about 9.30 p.m. in the night deceased-Mamta received burn injuries and she was immediately taken to K.G. Hospital, Raigarh by the accused/applicant. However, on account of extensive burn injuries she died on 19-04-2004 at about 4.00 p.m. in the said hospital. The matter was reported to the police station city Kotwali Raigarh by the doctors of the said hospital. On this a case was registered and the matter is still under investigation.

(3.) LEARNED counsel for the accused/applicant argued that at the relevant time the accused/applicant and the deceased both were residing separately and on the fateful day when the deceased was cooking meal on stove, she caught fire and received the burn injuries. He further argued that the letters written by the father of the deceased to the accused/applicant (Annexure P-4 & P-5) shows that there was no harassment or cruelty on the part of the accused/applicant and the relations between the accused/applicant & deceased-Mamta were normal. He further argued that a diary was being maintained by deceased-Mamta in which she has categorically written about their financial condition and that the accused/applicant was earning only Rs. 300/- per month by serving in a betel shop, therefore, they were not able to pay the house rent and even to arrange for the food. In the diary she had nowhere written that her husband i.e. the accused/applicant used to harass her for demand of dowry, on the contrary she had written in the diary that how the accused/applicant was faithful towards her, as he used to provide everything to her by sacrificing his heeds. Moreover as soon as the petitioner came to know about the incident he tried to seve Mamta and in that process he himself received burn injuries and remained hospitalized for three days. Therefore, the accused/applicant be extended the benefit of Section 438 of the Cr.P.C. and he be released on anticipatory bail