Hasrat Ali vs State Of U.P.
2019 Latest Caselaw 352 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9106 of 2019
 

 
Applicant :- Hasrat Ali
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sheshadri Trivedi,Ajay Kumar Pandey,Sr.Adv. Satish Trivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

This Criminal Misc. Bail Application has been filed on behalf of the applicant Hasrat Ali who is involved in Case Crime No. 258 of 2017, under section 304 IPC, P.S. Kithore, District Meerut.

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. He has falsely been implicated in the present case. The marriage of the applicant was solemnized with the deceased in the year 2009. There are four children from the wedlock of applicant and deceased. The deceased has sustained burn injuries while she was cooking food. The applicant tried to save her and in this incident the applicant has also sustained IInd degree burn injuries in his both hands. The dying declaration of the deceased is not probable and believable and same is tutored. At the time of medical examination 95% burn has been found on the body of the deceased. The deceased was not in a condition to give any statement. The applicant has falsely been implicated in the present. The applicant has no criminal history and is in jail since 17.8.2017.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that applicant is husband of the deceased. The dying declaration of the deceased was also recorded by the Magistrate in which she has made allegation against the applicant and has stated that applicant has set her on fire after pouring petrol. The applicant is main accused who set her on fire and in postmortem report the cause of death of the deceased has been shown septicaemia as a result of ante mortem burn injuries, therefore, the applicant 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 Hasrat Ali is hereby rejected.

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

Order Date :- 1.3.2019

Masarrat