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Smt. Bano Begum vs State Of U.P. on 2 May, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 18628 of 2019

Applicant :- Smt. Bano Begum

Opposite Party :- State Of U.P.

Counsel for Applicant :- Kamla Kant Srivastava,Rajesh Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

This bail application has been moved on behalf of the applicant Smt. Bano Begum who is involved in Case Crime No. 61 of 2019, under Sectionsection 498A, Section302 IPC, P.S. Civil Lines, District Aligarh.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. She is an old lady aged about 80 years. The FIR of the alleged incident was lodged against 9 persons including the applicant. During investigation 6 named accused were exonerated. Only the charge-sheet was submitted against the applicant, co-accused Naushad (husband of the deceased) and Mohammad (Jeth of the deceased). It has further been submitted that during trial the statement of Saddam Husain, informant, has been recorded as P.W. 1. In his statement he has not supported the prosecution version and has been declared hostile. P.W. 2 Sabra and P.W. 3 Ishrat in their statements have stated that they saw the deceased in a burn condition. In the statement of P.W. 2 Sabra it has come that the accused persons were not present at the house. It has further been submitted that there is no eye witness of the alleged occurrence. The dying declaration of the deceased is not believable. The deceased has made allegation against the applicant on the saying of her family members. The applicant has no criminal history and is in jail since 4.8.2018.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that the applicant is named in the FIR. The dying declaration of the deceased was also recorded on 22.1.2018. In her dying declaration the deceased has stated that on 22.1.2018 at about 3:00 p.m. some hot talk had taken place with her mother-in-law Smt. Bano, Jeth Mohammad and husband Naushad. Her Jeth Mohammad and husband Naushad poured kerosene oil upon her and her mother-in-law Bano set her on fire. The deceased in her statement has made specific allegation against the applicant for setting her on fire. The applicant is main accused who set the deceased on fire, therefore, she 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 Smt. Bano Begum is hereby rejected.

However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of 8 months from the date of the production of the certified copy of this order, if there is no legal impediment.

Order Date :- 2.5.2019

Masarrat

 

 

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