HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 51365 of 2019
Applicant :- Shatrughan Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ramanuj Yadav,Rajendra Singh Chauhan
Counsel for Opposite Party :- G.A.,Mahadeo Singh Chandel
Hon’ble Bachchoo Lal,J.
Second supplementary affidavit filed on behalf of applicant, is taken on record.
This bail application has been moved on behalf of applicant Shatrughan Singh who is involved in Case Crime No. 0454 of 2018, under section 498A, 304B, 323, 504 IPC and Section 3/4 D.P. Act, P.S. Karwi, District Chitrakoot.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is husband of the deceased. He has falsely been implicated in the present case. The FIR was lodged against 4 persons including the applicant making general allegation. No specific role has been assigned to him. The deceased has sustained 100% burn injuries. She was not in a condition to give any statement. The dying declaration is not probable and believable. It has further been submitted that during trial the statement of Smt. Priyanka, mother of deceased has been recorded as P.W. 2. In her cross-examination she has stated that during treatment she was with the deceased. The Magistrate has not taken the statement of deceased in her presence. This witness has not supported the prosecution version and has been declared hostile. P.W. 1 Balram Singh is the father of the deceased. He has also not supported the prosecution version and has been declared hostile. There is no other cogent evidence against the applicant. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 13.7.2018.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that dying declaration of the deceased was also recorded by the Naib Tehsildar, Kanpur Nagar on 7.6.2018. In her dying declaration the deceased has made specific allegation against the applicant for setting her on fire after pouring kerosene oil. The deceased died due to burn injuries during treatment after 19 days of the alleged incident. The deceased was harassed and tortured for non fulfillment of demand of dowry and the deceased died an unnatural death within one year and one month of her marriage. The applicant is husband. There is specific allegation against the applicant for setting the deceased on fire after pouring kerosene oil, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Shatrughan Singh is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of six months from the date of the production of the certified copy of this order, if there is no legal impediment.
Order Date :- 10.1.2020