SHIV SHANKER,J. - (1.) THIS is the first bail application moved on behalf of the applicant, Ali Waris son of Suleman in Case Crime No. 966 of 2006 under Sections 304 -B and 498 -A, IPC and Sections 3/4 of D.P. Act police station Bachraun District J.P. Nagar.
(2.) HEARD learned Counsel for the applicant and learned A.G.A. and perused the record. Learned Counsel for the applicant has contended that the deceased Kulsum had no issue and she was living in depression. She caught fire while she was cooking food. The elder brother of the husband of the deceased had tried to save her but he was not succeeded in his attempt and he has himself sustained burn injuries in the alleged incident. It is further contended that she was admitted in upgraded primary health centre Dhanaura by her jeth (Aslam) on 24 -10 -2006 at 1.30 p.m. which is enough to show innocent of the accused persons. It is further contended that the husband of the deceased himself had informed to the father of the deceased and they were present at the primary health centre Dhanaura. They were also present at Moradabad hospital. It is contended that the father of the deceased had demanded a sum of Rs. 1 lac after the death of deceased and when he expressed his inability to do so, this false and fabricated FIR was registered only to harras and humiliate the applicant and his family members. It is further contended that there is no dying declaration of the deceased. It is further contended that no any demand was made at the time of marriage and after the marriage. However, a false case has been concocted against the accused persons due to non -fulfilment of the illegal demand of Rs. 1 lac.
(3.) ON the other hand, it is submitted that this is a case of dowry death and supported to the post -mortem report of the deceased. There is no dispute that the marriage (Nikah) was solemnized about three years ago in between the applicant and Kulsum (deceased). She died due to 90 per cent burn injury at the house of the applicant who is the husband and custodian of the deceased on 23/24 -10 -2006. It is immaterial whether she committed suicide or was killed by the applicant by setting her on fire. Therefore, it is liable to be deemed that she has died unnatural death due to burn injuries within 7 years of her marriage at the house of her husband.;