# Shyam Verma (IN JAIL) v. State of U.P

- **Citation:** (2006) 1 ILRA 468
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2006-01-24
- **Case number:** Criminal Misc. Bail Application No. 19903 of 2004
- **Bench:** R.P. Yadav
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/shyam-verma-in-jail-v-state-of-u-p-40761
- **Pages:** 4

## Headnote

Code of Criminal Procedure Section439-Bail
application
offence
under
Section 498-A, 307, 304-B, 304 IPC and
314 Dowry Prohibition Act-applicant the
husband
of
deceased-sustained
12
injuries while trying to save the life of
his wife-dying declaration no allegation
of demand of dowry or cruel treatment
applicant-against an attempt to save the
life-reasonably can be presumed about
no intention to kill-entitled for Bail.

Held: Para 9

Keeping in view of the facts that the
applicant also sustained a number of
injuries while trying to save the life of
his wife and also the fact that in the
dying
declaration
recorded
by
the
Additional City Magistrate on 5th April,
2004, there is no mention of the fact that
there was any demand of dowry or cruel
treatment and also keeping in view the
other circumstances, I find that the case
is fit for bail. In a dowry death case if it
is found that the husband also sustained
injuries
(which
cannot
be
said
as
superficial in nature) in an attempt to
save the life of his wife, it can be
reasonably presumed that he had no
intention to kill his wife.
1 All] Shyam Verma V. State of U.P.
469

## Text

468 INDIAN LAW REPORTS ALLAHABAD SERIES [2006
verify
the
bills/vouchers
and
to
countersign the essentiality certificate. He
was squarely liable for delay, for
hardships and harassment caused to the
petitioner and the consequential loss to his
family. The petitioner has prayed for
damages of Rs. Six lakhs for untimely
loss of his father, and the hardship caused
to him before his death. I find that half the
amount
of
the
damages
would
compensate, for the loss caused to the
family on account of negligence of the
office of Director General, Medical and
Health, U.P. shall be sufficient in the
interest of justice. This would also have
deterrent effect on the officers and warn
them of such claims in future.

21. The writ petition is allowed. The
respondents
are
directed
to
pay
Rs.44,272/- as cost of the pace maker
installed in 1995, along with 9% simple
interest per annum to the petitioner. A
writ of mandamus is also issued to the
respondents to pay compensation to the
family of the petitioner of Rs. Three
Lakhs for the untimely loss of his father
harassment, mental agony and hardships
caused to the family to be paid to his son
substituted as petitioner in this writ
petition. The entire amount shall be paid
to him for the benefit of the family of the
deceased, within three months from the
date of production of certified copy of this
order before the respondents. It will be
open to the State Government to fix the
responsibility on the officers for the delay
and damages, and to take appropriate
disciplinary
action
for
punishment/recovery
against
such
persons.
Petition Allowed.
---------
APPELLATE JURISTICTION
CRIMINAL SIDE
DATED: ALLAHABAD 24.01.2006

BEFORE
THE HON'BLE R.P. YADAV, J.

Criminal Misc. Bail Application No. 19903
of 2004

Shyam Verma
...Applicant (IN JAIL)
Versus
State of U.P.

...Opposite Party

Counsel for the Applicant:
Sri S.S. Tewari
Sri A.N. Mishra
Sri Amit Mishra

Counsel for the Opposite Party:
A.G.A.

Code of Criminal Procedure Section439-Bail
application
offence
under
Section 498-A, 307, 304-B, 304 IPC and
314 Dowry Prohibition Act-applicant the
husband
of
deceased-sustained
12
injuries while trying to save the life of
his wife-dying declaration no allegation
of demand of dowry or cruel treatment
applicant-against an attempt to save the
life-reasonably can be presumed about
no intention to kill-entitled for Bail.

Held: Para 9

Keeping in view of the facts that the
applicant also sustained a number of
injuries while trying to save the life of
his wife and also the fact that in the
dying
declaration
recorded
by
the
Additional City Magistrate on 5th April,
2004, there is no mention of the fact that
there was any demand of dowry or cruel
treatment and also keeping in view the
other circumstances, I find that the case
is fit for bail. In a dowry death case if it
is found that the husband also sustained
injuries
(which
cannot
be
said
as
superficial in nature) in an attempt to
save the life of his wife, it can be
reasonably presumed that he had no
intention to kill his wife.
1 All] Shyam Verma V. State of U.P.
469

(Delivered by Hon'ble R.P. Yadav, J.)

Applicant Shyam Verma is involved
in a case punishable under Sections 498A, 307,304B & 304 IPC and 3⁄4 Dowry
Prohibition Act. Police Station Bah,
district Agra in case Crime no. 124 of
2004.

2. Heard the learned counsel for the
applicant and learned A.G.A.

3. The applicant is the husband of
Smt. Priti Verma, who was married to
him on 22.2.2002.

4. The applicant is a businessman in
a small town of district Agra and sixth
class pass, whereas Smt. Priti Verma was
post Graduate and expert in handling the
computer.

5. It is urged by the learned counsel
for the applicant that there was disparity
in the educational qualification of the
spouse and the wife insisted for shifting
of the business from a small town of Agra
to Kanpur city, where her parents were
living. The applicant was not agreeable to
this for the reasons of his own. It is
further submitted that some alteration
took place between the couple. On
account of which, the wife tried to end her
life by setting fire to herself and when the
applicant noticed her burning, he tried to
save her and in the process, he sustained
as many as 12 injuries. The wife and
husband both was taken to Primary Health
Centre, Bah, from where, they were
referred to Agra. On receipt of the
information of the burn injuries of Smt.
Priti Verma, her parents came from
Kanpur and forcibly took her away to
Kanpur and while taking her away, they
also forcibly took with them the applicant
and his mother in an unnumbered TATA
SUMO. He as well as Smt. Priti Verma,
the wife were admitted in the hospital at
Kanpur.
However,
the
police
apprehending the danger to the life of the
applicant and his mother, took them away
in police custody and produced before the
learned Magistrate for remand in the case,
which was registered on the application of
the father of the wife. He was produced in
the same condition and thereafter, again
he was admitted in the hospital at Agra,
where he was confined for medical
treatment up to 19th April, 2004. It is
further
submitted
that
in
the
first
information report, there are allegations
regarding the demand of dowry and
cruelty but the dying declaration, which
was recorded on 5.4.2004 by the
Magistrate, negatives the theory of
demand of any dowry or the cruel
treatment before the incident in question.

6. It is pointed out that a perusal of
the dying declaration of Smt. Priti Verma
shows that there was some exchange of
hot words between the couple as the
applicant suspected her fidelity thereafter
the applicant is said to have poured the
kerosene and set her to fire. It is
submitted that the two theories cannot be
reconciled. This is why the learned
Additional Sessions Judge while framing
the charge has alternatively framed the
charge under Section 304 IPC also. The
learned counsel has also submitted that
the investigating Officer did not find any
material against the other seven accused,
who were nominated in the F.I.R. and this
is why a final report was submitted
against them.

7. Referring to the entry in the G.D.
of police station Kakadeo, district Kanpur
470 INDIAN LAW REPORTS ALLAHABAD SERIES [2006
Nagar and Agra, it has also been
submitted that a case of kidnapping was
registered against the parents and other
persons named in the F.I.R. on the basis
of the report lodged by the father of the
applicant and a case under Section 364-A
IPC is pending against them for disposal
in the court, where they are not appearing.

8. The learned A.G.A. has submitted
that in view of the dying declaration, there
is a strong case against the applicant.

9. Keeping in view of the facts that
the applicant also sustained a number of
injuries while trying to save the life of his
wife and also the fact that in the dying
declaration recorded by the Additional
City Magistrate on 5th April, 2004, there
is no mention of the fact that there was
any demand of dowry or cruel treatment
and also keeping in view the other
circumstances, I find that the case is fit
for bail. In a dowry death case if it is
found that the husband also sustained
injuries
(which cannot be said as
superficial in nature) in an attempt to save
the life of his wife, it can be reasonably
presumed that he had no intention to kill
his wife.

10. Let applicant Shyam Verma be
enlarged on bail in case crime No. 124 of
2004, under Sections 498-A, 307/304-B
& 304 I.P.C. and 3⁄4 Dowry Prohibition
Act, Police Station Bah, district Agra on
his furnishing a personal bond and two
sureties each in the like amount to the
satisfaction of the court concerned.
However, the applicant is directed to
cooperate with the trial and in case, it is
found at any stage that he is trying to
delay or unnecessarily linger the trial, it
would be open to the learned Sessions
Judge/Addl. Sessions Judge seized of the
trial to cancel his bail at any stage.
Application Allowed.
---------
1 All] Shyam Verma V. State of U.P.
471
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 18.01.2006

BEFORE
THE HON'BLE AJOY NATH RAY, C.J.
THE HON'BLE ASHOK BHUSHAN, J.

Special Appeal No.46 of 2006

Sripal Singh

...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Sri B.N. Singh
Sri G.P. Singh

Counsel for the Respondents:
Sri H.R. Mishra
C.S.C.

Constitution of India Art. 226-Service
Law-Suspension-Order
passed
by
member
secretary-employee
of
centerlised services-without resolution
of administrative committee-order of
suspension-held-proper.

Held: Para 7

The facts have to be very strong in
favour of the writ petitioner under
suspension, if he can allege and proof
that even possibility of contemplation of
an inquiry against him by the District
Committee cannot be even thought or
imagined to exist in the facts and
circumstances of a particular case. If he
can
show
that,
then
he
can
also
successfully
challenge
an
order
of
suspension passed by the MemberSecretary. The facts of this case are not
so strong in favour of the writ petitionerappellant.
As
such
the
order
of
suspension was passed with jurisdiction.
Case law discussed:
1997 (3) UPLBEC-1747 (FB)

(Delivered by Hon'ble Ajoy Nath Ray, CJ.)

1. We are in respectful agreement
with the order passed by an Hon'ble
Single Judge on 30.11.2005 dismissing
the
writ petition of the appellant,
although, with respect, we would like to
add certain other reasons than those given
by his Lordship.

2. The admitted fact by the
appellant-writ
petitioner
is
that
he
retained
Rs.50,000/-
(Rupees
Fifty
Thousand) of the respondents' money
seeking to return it on monthly basis. This
appears to have been done on his own
unilateral decision. Not unexpectedly he
was suspended and that order is dated
28.10.2005; the writ petition was directed
against this order. The suspension order
was communicated by the MemberSecretary.

3. In the Full Bench decision of Ram
Chandra Pandey's case, reported at (1997)
3 UPLBEC 1747, the first answer to the
decided questions in paragraph 16 clearly
shows that the Member-Secretary can
suspend a member of the centralised
service even in the absence of a decision
of suspension of the District Committee.

4. Learned counsel for the appellant
placed reliance on this case and it was he
who cited it. His submission was that the
Full Bench has also decided that in the
absence of the District Committee itself
initiating a disciplinary inquiry, the power
of
suspension
or
the
power
of
communication in favour of the MemberSecretary does not arise. The Full Bench
stated its view both in paragraph 15 and in
paragraph 16 (i): "...in the absence of a
decision by the District Committee
contemplating or initiating disciplinary