JUDGMENT :

1. List has been revised.

2. Heard Sri Mohd. Umar Iqbal Khan, learned counsel for the applicant and Sri Vibhav Anand Singh, learned A.G.A. for the State as well as perused the material available on record.

3. The present bail application has been filed by the applicant in Case Crime No.2815 of 2018, under Sections 498-A, 323, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Loni, District Ghaziabad, with the prayer to enlarge him on bail.

PROSECUTION STORY:

4. As per prosecution story, the informant lodged an FIR at Police Station Loni, District Ghaziabad on 12.12.2018 alleging that he is a resident of town Kandhala, District Shamli, UP and he had married his sister to the applicant Anees as per Muslim customs about seven years before her death. After the marriage, the applicant Anees and co-accused persons, namely, Naseem, Nafees and Smt. Asgari are stated to have subjected the deceased to cruelty for demand of dowry and used to beat her up every now and then. It was learnt that applicant had an affair with some another girl as the sister of the informant and other family members of Anees had seen him in a compromising condition with the said girl. The said fact was brought to the knowledge of family members of the informant about two months before the date of incident. The applicant is stated to have confessed and had promised that said act shall not be repeated as such the sister of the informant had gone with the applicant. The deceased person was taken by the applicant to Loni and both were residing in Aksha Masjid, Prem Nagar, Loni. On 10.12.2018 at about 10:40 p.m., a phone call was received by the informant stating that his sister has been set to fire by sprinkling kerosene oil on her by her in-laws. The informant and his family members reached at G.T.B. Hospital, Delhi on 11.12.2018 at about 03:00 a.m. from Punjab. The deceased person had stated to all the family members that the applicant and his family members had been beating her for several days and kerosene oil was sprinkled on her by all the accused persons and she was set afire. It is also stated in the FIR that there is a video recording of the statement of his sister at Police Chowki Loni.

RIVAL CONTENTIONS:

For Applicant:

5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The trial is going on and in all four witnesses of fact have been examined. Learned counsel has stated that PW-1 Nadeem is the informant and has not supported the prosecution story and he has been declared hostile by the public prosecutor and has been cross-examined by him as such. Learned counsel has stated that it has come up in the statement of PW-1 that when he reached the hospital he found his sister unconscious and she had not made any statement before them. Learned counsel has further stated that PW-2 Ishrar has also followed the suit and has not supported the prosecution story. Learned counsel has also stated that PW-3 Haqiqat is the brother-in-law of the informant and he has also not supported the prosecution story and has even denied of any videographic recording of statement of the deceased person. PW-4 Smt. Fahmida is the mother of the deceased person and she has also not supported the prosecution story. Learned counsel has stated that all these witnesses have resiled from their earlier statements recorded by the Investigating Officer. Learned counsel has stated that signature of the witnesses has also been taken by the person conducting inquest proceedings on their statements. The said statements are not admissible in the law as they are hit by Section 162 Cr.P.C. Learned counsel has stated that there is dying declaration of the deceased person which was recorded by ASI at G.T.B Hospital. Learned counsel has stated that the said statement indicates that the applicant had sprinkled some liquid on the deceased person and set her afire. Learned counsel has stated that the said dying declaration