Allahabad High Court
Dabloo vs State Of U.P. on 1 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2710 of 2018
Applicant :- Dabloo
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Rajiv Chowdhury
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Dabloo who is involved in Case Crime No. 139 of 2017, under section 302 IPC, P.S. Ranipur, District Mau.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that initially the FIR was lodged under section 307 and 324 IPC against the applicant. The FIR was lodged by the mother of injured namely Urmila Devi. The applicant had not caused any injury to the deceased. The FIR as well as statement of informant clearly show that the deceased went with applicant on his motorcycle on her own sweet will and consent. The applicant had not made any pressure upon her. The deceased wanted to solemnize her marriage with the applicant. The parents of deceased has settled her marriage with some other person but the deceased did not want to solemnize her marriage with that person, thereafter, in the planned manner an honour killing was done by her parents and after thought a false story has been cooked up and false FIR has been lodged against the applicant. There is no independent witness of the alleged incident. The applicant had not caused any injury to the deceased. The applicant is in jail since 27.3.2017.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that FIR of the alleged incident was lodged by the mother of deceased on 26.3.2017. In FIR it has been mentioned that on 26.3.2017 the applicant took away the deceased on the pretext to provide medicine. On the way due to dispute of marriage the applicant caused injury to the deceased with knife and leaving the deceased in injured condition escaped away. The deceased was admitted in hospital in serious condition. The statement of deceased was also recorded by the I.O. on 26.3.2017 in which she has stated that her marriage has been settled. The applicant wanted to solemnize his marriage with her and he brought her on his motorcycle on the pretext to go Mau. On the way he caused injury to her with knife with intention to commit her murder. On hue and cry of the victim the applicant fled away. As per medical report 5 incised wounds have been found on the body of the deceased. The applicant had caused injury to the deceased with knife. The deceased in her statement has also clearly stated that the applicant had caused injury with knife and a knife used in the commission of the murder of the deceased has also been recovered on the pointing out of the applicant. The applicant has committed the murder of the deceased, 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 Dabloo is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the trial 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 :- 1.5.2019
Masarrat
