Neutral Citation No. - 2025:AHC:36715 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1247 of 2025 Applicant :- Satendra Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ahamad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rizwan Ahamad, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 40 of 2024, under Sections 498-A, 323, 504, 304-B, 302 IPC & 3/4 D.P. Act, Police Station- Jaitpur, District- Agra, during pendency of the trial in the court below. 3. FIR of the present case was lodged against applicant and his family members on 06.06.2025 and according to FIR, marriage of the applicant was solemnized with the daughter of the informant about four years before and after marriage, applicant and his family members tortured her for demand of Rs. three lakhs and on 06.06.2024, they have committed her murder by strangulating her. 4. It is further mentioned in the FIR that at the time of incident, younger daughter of the informant was present in the house of the applicant and she tried to save her sister but in spite of that applicant and his family members committed her murder. 5. Learned counsel for the applicant submitted that however, applicant is the husband of the deceased but on the basis of false allegation of torture, he has been made accused in the present matter. 6. He further submitted that however, as per prosecution, at the time of incident, younger sister of the deceased was present in the house of the applicant and she witnessed the incident and from her statement, it also reflects that she stated against the applicant but even from her statement, it reflects that dead body of the deceased was recovered after breaking the door, therefore, prima facie, it does not appear to be a case of strangulation, however, in the post- mortem report, it has been mentioned that deceased died due to strangulation. 7. He further submitted that even from the statement of Vijaykant@ Chhotu, the neighbour of the applicant, it reflects that he along with applicant broke the door and this fact completely belies the statement of alleged eye-witness Reshma@ Roshani, the sister of the deceased. He further submitted that actually it is a case of suicide. 8. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 11.06.2024. 9. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and as per post-mortem report, deceased died due to strangulation and her sister was the eye-witness of the incident and however, from her statement, it reflects that dead body of the deceased was recovered after breaking the door but this fact can only be properly appreciated by the trial court during trial and at this stage, the testimony of sister of the deceased cannot be disbelieved. He further submitted that even at this stage, opinion of autopsy surgeon also cannot be disbelieved and, therefore, instant bail application should be dismissed. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Applicant is the husband of the deceased and as per allegation, he committed her murder and incident was witnessed by younger sister of the deceased and post-mortem report suggests that deceased died due to strangulation. 12. However, as per younger sister of the informant and one witness Vijaykant @ Chhotu, after breaking the door dead body of the deceased was recovered but this Court finds merit in the argument advanced by learned AGA that this fact can only be properly appreciated by the trial court during trial and at this stage, this Court neither disbelieve the opinion of the autopsy surgeon nor can record any finding in this regard. 13. Further, applicant failed to explain abnormal death of his wife, which prima facie appears to be homicidal death.. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 12.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad