Salman v. State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5573 of 2023

Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1. Heard Sri Umair Mahmood, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State.

1. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0483 of 2021, under Sections 498A, 323, 504, 304-B IPC and Section 3/4 D.P. Act, Police Station Seohara, District Bijnor during pendency of the trial.

1. FIR of the present case was lodged against applicant and his other family members and according to the FIR marriage of applicant was performed with the sister of the informant about four months before and since marriage applicant and his family members tortured his sister for want of dowry and in the intervening night of 28/29.08.2021 due to want of dowry applicant and his family members committed murder of his sister by strangulating her.

1. Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and applicant neither demanded any dowry nor he ever tortured the deceased and actually the sister of the informant was not happy with her marriage with the applicant. He further submits that after marriage applicant was residing in Delhi and he came to know that his wife is having some illicit relationship with somebody else and when applicant on phone scolded her then she committed suicide and subsequently on the basis of wrong facts FIR of the present case was lodged by her brother. He further submits that from the post mortem report, it appears that cause of death could not be ascertained and Viscera was preserved but counter affidavit filed by the State, it appears that in Viscera Carbamate Insecticide was found and this fact further suggests that actually deceased committed suicide. He further submits that applicant in the present matter is in jail since 30.08.2021 i.e. for last about one and half