Sonu vs State Of U.P.
2012 Latest Caselaw 1513 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11405 of 2012
 

 
Petitioner :- Sonu
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Satendra Kumar Upadhyay
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

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

Learned counsel for the applicant submitted that the applicant is husband of the deceased. There was never demand of dowry and torture. It appears that it was an accidental burn or she committed suicide. Her real sister was also living in the same house and it is not believable that the applicant would attempt to kill her. She was got admitted in the hospital and during treatment she expired. The incident occurred on 07.11.2011, however F.I.R. was lodged subsequently 24.11.2011 after her death. Hence he is entitled for bail.

Learned A.G.A. opposed the prayer for bail and submitted that her dying declaration was recorded on 10.11.2011 before the Magistrate after medical fitness was given by the doctor at Safdarganj Hospital. According to her statement quarrel took place between husband and deceased Smt. Prinyanka, applicant poured the oil taken from his motorcycle and pushed her to the stove on which milk was being boiled, hence she caught fire.  After hearing her cry her sister and brother-in-law Bhumesh reached there and tried to save her thereafter she was taken to hospital. In view of the dying declaration applicant is not entitled for bail.

Considered the submission of counsel for the parties, nature of allegation, gravity of offence, role of the applicant, at this stage, it is not a fit case for bail.

Accordingly, the present bail application is hereby rejected.

Order Date :- 9.5.2012

N Tiwari