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Suresh Yadav vs State Of U.P. on 15 April, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 15450 of 2019

Applicant :- Suresh Yadav

Opposite Party :- State Of U.P.

Counsel for Applicant :- Sarvesh Kumar Dubey,Shailesh Upadhyay

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

This bail application has been moved on behalf of the applicant Suresh Yadav who is involved in Case Crime No. 244 of 2016, under section 498A, 304B, 323, 326, 506, 316, 302 IPC and 3/4 D.P. Act, P.S. Deogaon, District Azamgarh.

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

Learned counsel for the applicant submits that applicant is husband of the deceased. The marriage of the applicant was solemnized with deceased on 19.5.2015. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. During trial the statements of Sabroo Yadav, grand father of the deceased, Shiv Shanker, father of the deceased, Mahima Devi, mother of the deceased, Rajeshwari, aunt of the deceased, Ajeet Yadav, maternal uncle of the deceased and Harish Chandra, uncle of the deceased have been recorded as P.W. 1 to P.W. 6. In their statements the above witnesses have not supported the prosecution version and they have been declared hostile. In their statements the above witnesses have stated that the deceased has sustained burn injuries while she was cooking tea on stove. The applicant and his family members admitted the deceased in hospital to save her life. The dying declaration of the deceased is not believable. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. It has further been submitted that at the time of medical examination 95% burn has been found on the person of the deceased. The deceased was not in a condition to give any dying declaration. It has further been submitted that the deceased died after 6 days of the alleged incident and in postmortem report the cause of death of the deceased has been shown Septicaemic shock as a result of ante mortem extensive flame burn injuries. There is no direct evidence against the applicant. The applicant has no criminal history and is in jail since 26.8.2016.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that at the time of alleged incident the deceased was pregnant. In FIR it has been mentioned that the deceased was harassed and tortured due to non fulfillment of demand of dowry by the applicant and his other family members. The dying declaration of the deceased was also recorded by Naib Tehsildar on the same day i.e. 7.7.2016 in the presence of doctor. In her dying declaration the deceased has stated that the applicant has set her on fire after pouring kerosene oil. the deceased in her dying declaration has made specific allegation against the applicant for setting her on fire after pouring kerosene oil. She has further stated that other family members of the applicant were not involved in this incident. The applicant is main accused who has committed the alleged offence, 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 Suresh Yadav 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 :- 15.4.2019

Masarrat

 

 

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