SALIM KHAN Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Saleem Khan with a prayer that he may be released on bail in Case Crime No. C495 of 2006, under Sections 498A and 304B, I.P.C., P.S. Tanda, district Rampur.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by one Shabbir Ali on 8.6.2006 at 11.30 a.m. in respect of the incident which had occurred on 15.5.2006 at about 10.00 p.m. THE distance of the police station was about 12 kms. from the alleged place of occurrence. THE applicant is named in the F.I.R. THE F.I.R. has been registered in pursuance of the order passed by the learned Magistrate under Sections 156 (3), Cr. P.C. It is alleged that the marriage of the deceased Smt. Nisha Akhtar was solemnized with co-accused Faheem Khan the son of the applicant about 3 years prior to the alleged incident. THE in-laws of the deceased demanded one motorcycle and a sum of Rs. 50,000 and to fulfil the demand of dowry they were subjecting the deceased with cruelty and the deceased was expelled by them from their house. Its report was lodged to the Women Health Line, district Udham Singh Nagar, thereafter at the instance of Women Help Line, Udham Singh Nagar a compromise was done between the parties, thereafter, the deceased was sent to her in-law house by the first informant, but they again put the deceased on harassment. THE first informant tried to persuade her in-laws and they gave assurance that the first informant would not get any complaint lodged. On 15.5.2006, the first informant received a telephonic message that the deceased was set on fire. She was admitted in a Hospital at Rampur. On that information the first informant and others came to the District Hospital, Rampur, but in-laws of the deceased ran away from there. THE other persons, who were present there, apprised that after pouring the kerosene oil the deceased was set on fire. THE dead body of the deceased was taken by the first informant. THE first informant went to the police station, Tanda to lodge the F.I.R. but his F.I.R. was not registered. He gave an application-dated 19.5.2006 to S.S.P. Rampur, even then his F.I.R. was not registered. According to the post mortem examination report the deceased has received superficial to deep burn injuries and the cause of death was due to burn injuries.

(3.) IN reply to the above contention the learned A.G.A and the learned counsel for the complainant submit that the cause of death was unnatural. The deceased has died within 3 years of her marriage. There was specific demand of dowry for which the deceased was subjected with cruelty. She has been put on fire by her in-laws. INitially the F.I.R. was not lodged by the police station concerned, but it was lodged in pursuance of the order passed by the learned Magistrate under Section 156 (3), Cr. P. C. The alleged suicide note which was manufactured, which is itself explanatory that the deceased was murdered by her in-laws. The applicant is hale and hearty person. He is aged about 50 years old and the deceased and her husband were not living separately. They were living in the same house alongwith the applicant and other family members. The applicant being the father-in-law was more responsible person, therefore, he may not be released on bail.