Farzana vs State of U.P.

Hon''ble S.C. Agarwal, J.—This is an application for bail on behalf of the applicant Farzana involved in Case Crime No. 833 of 2011, u/s 304 IPC, P.S. Kotwali City, District- Bijnor. Heard Sri Garav Kakkar, Learned Counsel for the applicant, learned AGA for the State and perused the material available on record.

The incident took place in the night of 30/31.8.2011. FIR was lodged on 6.9.2011 by Abdul Sattar- father of the victim Wazid @ Bablu. The applicant is the wife of the deceased.

Learned counsel for the applicant submitted that the applicant is a lady with five months pregnancy and has no hand in the death of her husband. The FIR is highly delayed. The deceased was in the habit of taking intoxicating tablets and on the date of incident, he had consumed 7-8 tablets on account of which, he became delirious and fell down and became unconscious. The applicant took her husband immediately to the hospital where her husband was declared dead.

Learned AGA opposed the prayer for bail and submitted that the deceased was the second husband of the applicant. The applicant and her brother brought the deceased from village- Dahirpur to Bijnor where the applicant and her husband rented room No. 11 at Sai Hotel in the night of 30.8.2011 at about 10 p.m. and on 1.9.2011 at about 7.30 a.m., the applicant told at the reception that her husband was ill and was bleeding from the ear. Thereafter, the applicant and her husband were sent to the hospital by a rickshaw and Wazid was declared dead at the hospital.

Though Satendra Kumar an employee at the Sai Hotel where the applicant and the deceased stayed at night, stated that in the night, the deceased consumed some tablets but admittedly, the applicant and her husband remained together in the hotel room throughout the night. On autopsy, the following injuries were found on the dead body :-

Traumatic Swelling 8 x 7 c.m. over left with bleeding from left ear. Bleeding from nose. On dissection, clotted blood present beneath scalp.

Cause of death was coma as a result of ante mortem head injury. Haematoma was present in the brain. Base of head was found fractured.

When the deceased was last seen in the night of 30.8.2011, he did not have any injury. The applicant was alone with the deceased in the hotel room. In the next morning, the deceased was found with the head injury. It is for the applicant to explain under what circumstances, the deceased sustained head injury.

Considering all the facts and circumstances of the case, I do not find it to be a fit case to release the applicant on bail. The application for bail is rejected.