Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15773 of 2018 Applicant :- Kalicharan @ Anurag Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Naseer Ahmad,Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
The present bail application has been filed by the applicant in Case Crime No. 253 of 2017, u/s 498A, 304B IPC and 3/4 D.P. Act, P.S. Salempur, District Deoria with the prayer for enlarging him on bail.
Heard Sri N.I. Jafri, learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant has argued that though its a case of dying declaration, the deceased died within two years of the marriage, however, in the dying declaration the deceased had stated that she died on account of accidental burn while cooking food and no allegation of demand or torture has been made against the applicant, who is the husband of the deceased.
I have carefully perused the dying declaration. I may record that at this stage authenticity of the dying declaration cannot be determined and shall be examined during trial. In the dying declaration there is no certificate of the doctor that she was fit and in a conscious state of mind to give statement. Besides, the said dying declaration is stated to have been recorded at 1.03 pm on 22.9.2017. Learned counsel has placed a document on record regarding information sent by the district hospital, Deoria, Sadar Kotwali, which was sent at 2.10 pm on 22.9.2017, that a lady admitted in the hospital with burn injuries has died, prima facie it appears that the said dying declaration is procured one, therefore, at this stage I do not find it to be a fit case for enlarging the applicant on bail.
The bail application is, accordingly, rejected.
However I may record that any observations made herein-above shall not prejudice the case of either prosecution or defence.
Order Date :- 30.4.2018 Dhirendra/