RAVINDRA SINGH, J. - (1.) THIS Crl. misc. bail application has been moved by the applicant Parvej with a prayer that he may be released on bail in Case Crime No. 1947 of 2009, under Section 302, I.P.C., P.S. Kotwali Nagar, district Muzaffar Nagar.
(2.) HEARD Sri Satish Trivedi, senior advocate, assisted by Sri Ajay Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and Sri V. M. Zaidi, senior advocate, assisted by Sri S. M. G. Asgar, learned counsel for the complainant and perused the record. The facts of the case, in brief, are that the F.I.R. has been lodged by Waseem at P.S. Kotwali Nagar on 29.10.2009 at 10.30 p.m. in respect of the incident allegedly occurred on 24.10.2009. The applicant and other co-accused are named in the F.I.R. It is alleged that after administering poison the deceased has been killed by her in-laws. The applicant is the husband of the deceased. The marriage of the deceased was solemnized about nine years prior the alleged incident. The in-laws of the deceased were demanding Rs. five lacs and to fulfil the demand, they were torturing the deceased. According to the post-mortem examination report, the deceased had not sustained any ante-mortem injury, hence the viscera was preserved. In viscera report, Organo Chloro insecticide poison was found. The applicant applied for bail before learned Sessions Judge, Muzaffar Nagar, who rejected the same on 22.2.2011. It is contended by learned counsel for the applicant that the marriage of the deceased was solemnized about nine years prior, the alleged incident. According to the F.I.R., there is no specific allegation against the applicant and co-accused that they administered poison. This allegation has been made only on the basis of doubt and suspicion. In support of this allegation, no statement has been recorded by the Investigating Officer. It is a case of murder, in which burden to prove the charge lies upon the prosecution. In post-mortem examination report, no ante-mortem injury was found. In this case, the F.I.R. was lodged under Section 302, I.P.C. but during investigation, the case was converted under Section 306, I.P.C. Again the death was ascertained, the section was converted under Section 302, I.P.C. and the charge-sheet has been submitted. According to the viscera report, Organo Chloro poison was found. No presumption can be drawn that the poison was administered by the applicant and other co-accused persons, it was taken by the deceased herself. The applicant is in jail since 1.11.2010. The applicant is having no any criminal antecedent and he may be released on bail.
(3.) IN reply to the above contention it is submitted by learned A.G.A. and learned counsel for the complainant that the applicant is husband of the deceased. On account of administering the poison, the deceased had died. In viscera report, Organo Chloro poison was found. In such circumstances, the applicant may not be released on bail.;