Rejoinder affidavit filed on behalf of applicant be taken on record.
Heard learned counsel for the applicant, learned A.G.A. as well as learned counsel for the complainant and perused the record.
This bail application has been filed by applicant Balram Kausal in Case Crime No.876 of 2014, Under Sections 498-A, 304-B, 302 I.P.C. and 3/4 D.P. Act, Police Station Gauriganj, District Amethi.
Learned counsel for the applicant submits that applicant is husband of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. It has further been submitted that the deceased has committed suicide herself. The applicant tried to save the deceased and in this incident the applicant has also sustained 10 % burn injuries. It has further been submitted that the applicant admitted the deceased in hospital to save her life. In her first dying declaration the deceased has accepted that she has put herself on fire after pouring kerosene oil. Thereafter in her second dying declaration the deceased has made false allegation against the applicant. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 12.12.2014.
Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that the applicant is husband of the deceased and the marriage of the deceased was solemnized with applicant about four years ago from the date of alleged incident. In this incident the deceased and her minor daughter aged about nine months have died due to burn injuries. In her second dying declaration the deceased has clearly stated that applicant set her and her minor daughter on fire after pouring kerosene oil, 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 Balram Kausal is hereby refused and the bail application is 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 if no legal impediment.
Order Date :- 29.2.2016 Jitendra