WASIM UDDIN Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Wasim Uddin with a prayer that he may be released on bail in Case Crime No. 40 of 2006 under Sections 498-A,304-B I. P. C. and 3/4 D. P. Act P. S. Mau Aima District Allahabad.

(2.) THE prosecution story in brief is that the F. I. R. of this case has been lodged by Badre Alam on 24-3- 2006 at about 7. 00 p. m. in respect of the incident which had occurred on 24-3-2006 at about 3. 00 p. m. against the applicant and three other co-accused persons alleging therein that the marriage of the deceased Smt. Shama Afroz was solemnized with the applicant on 14-6-2004 but the applicant and his family members was harassing the deceased to fulfill the demand of dowry, they were demanding Rs. 50,000/- and some other articles. It was disclosed by the deceased to the first informant but again she was sent back to her in-laws house on 24-3-2006. THE first informant went to the house of the decease at about 2. 00 p. m. and made request not to harass the deceased. THEreafter he left the house of the applicant but at about 3. 00 p. m. it was informed by Abdul Saji that there was some dispute at the house of the deceased and assessing for unhappening, the first informant again returned to the house of the deceased and saw that the deceased was burnt and the applicant and other co-accused persons have committed the murder. THE first informant asked to open the door and he desires to meet the deceased but he was pushed out then he made hue and cry, on that villagers gathered there then the applicant and others co- accused persons fled away from the house. THEreafter, the door was opened by the first informant and saw the dead-body in burnt condition and the tongue was protruded.

(3.) IT is contended by the learned Counsel for the applicant that the allegations made against the applicant are false and frivolous. There was no demand of dowry and the deceased was never subjected to cruelty to fulfill any such demand. The deceased was living in a cool and calm atmosphere at the house of the applicant and from the wedlock of the applicant and the deceased a female child was born who is aged about six months. The applicant was unemployed youth, and a child was also born as such there was a financial crises due to which the deceased committed suicide bolting the door from inside. The first informant and his family members were properly informed who came there and in their presence inquest report was prepared but the first informant did not make any allegation in respect of the demand of dowry and subjecting the deceased to cruelty, but in the F. I. R. such allegations have been made which shows that the F. I. R. is ante timed and it was lodged after great thought and consultation. The applicant is the husband of the deceased. He is an innocent person. He is the only person to look after his daughter aged about 6 months. Therefore, the applicant may be released on bail.