Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34775 of 2018 Applicant :- Mohit Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- R.L. Varma Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 128 of 2013, under Section 498A, 304B, 302 IPC and Section 3/4 D.P. Act, P.S. Banda, District Shahjahanpur.
As per prosecution case, deceased was subjected to harassment for dowry, consequently, she was set ablaze by her husband and in-laws; applicant is brother-in-law of the deceased; in the dying declaration, it is stated that kerosene was poured upon the deceased by the husband along with applicant and his brothers, thereafter, she was set ablaze; during investigation, name of the applicant was dropped; applicant has been summoned on an application under S. 319 Cr.P.C..
It is urged that co-accused Umesh and Pradeep have been enlarged on bail by coordinate Bench of this Court; in similar circumstances, applicant is also entitled to be released on bail.
Learned Additional Government Advocate opposed the prayer for bail and submits that name of the applicant is specifically mentioned in the dying declaration of having duly participated in the commission of offence, as such, it will not be in public interest in case applicant is released on bail.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application at this stage.
The bail application is, accordingly, rejected.
The trial Court is directed to expedite the trial and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order provided there is no other impediment.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 14.9.2018 Mukesh Kr.