JUDGMENT : Ravindra Maithani, J. (Oral) Applicant Jahir Hasan is in judicial custody in FIR No.235 of 2023, under Section 302 IPC, Police Station Pathri, District Haridwar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, the applicant, who happened to be the husband of the deceased, killed his wife. The informant, who is the brother of the deceased, got this information on 01.06.2023. The post-mortem of the deceased was conducted on 01.06.2023 at 2:25 PM. According to the post-mortem report, the cause of death is asphyxia, due to smothering-external pressure. 4. Learned counsel for the applicant would submit that in the post-mortem report, at serial no.8, history of smothering is recorded, and at another place, neck’s description is given- congested and multiple blood clots. It is argued that it may not happen in case of smothering. 5. Learned State Counsel would submit that the witnesses have stated that the applicant used to beat his wife; the cause of death is smothering, as recorded in the post-mortem report. 6. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding. 7. The post-mortem report notes the injuries on the deceased in the following manner:- “Special Description: History of smothring. Cyanosis present on both nail finger tips @ whole face ear lobules. Internal Neck Examination Congested & multiple blood clots subcutenous & entra muscular around trachea.” And the cause of death, according to the post-mortem report is Asphyxia due to smothering-external pressure. 8. There are other injuries noted in the post-mortem report. They are as follows:- “a- Abraded contusion with surrounding, Dark red brown area over nose (base 1.5 x 1 cm & tip 3 x 3 cm), upper & lower whole lips, both cheeks left side- 3 semi lunar marks of finger pressure 2 x 1 cm & right side- 1semi lunar mark 4 x 1.5 cm, chin 2 x 2 cm. b- Abraded contusion below left knee size 1.5 x 1 cm.” 9. The deceased was the wife of the applicant. She died due to smothering. There was external pressure applied on her. There have been injuries. 10.
b- Abraded contusion below left knee size 1.5 x 1 cm.” 9. The deceased was the wife of the applicant. She died due to smothering. There was external pressure applied on her. There have been injuries. 10. Having considered, this Court does not see any reason, which may entitle the applicant to bail. Accordingly, the bail application deserves to be rejected. 11. The bail application is rejected.