Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26833 of 2017 Applicant :- Nitin Giri Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Bhushan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Supplementary-affidavit filed today, is taken on record.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application of the applicant has been filed in case crime No. 153 of 2015 (S.T. No. 902 of 2015), under Sections 452, 302 I.P.C., police station Jawan, District- Aligarh with the prayer to enlarge him on bail.
This second bail application has been pressed by relying upon another dying declaration of the deceased which was allegedly recorded by the Investigating Officer which though indicts the applicant by disclosing that he poursed kerosene on the victim and set her on fire but is at variance with the other dying declaration to the extent that the applicant did not break open the door and came inside inasmuch as the door was left open.
Such distinction in the two dying declaration, at this stage, is not material for the purpose of grant of bail to the applicant because in both the dying declarations, the role of the applicant of pouring kerosene oil over the victim and setting her on fire is found. Since the post-mortem report discloses that the deceased had suffered burn injuries, the dying declaration cannot be discarded at this stage. Accordingly, I do not find any good reason to grant bail to the applicant on this second bail application. The second bail application is also rejected.
However, the trial court shall endeavour to conclude the trial expeditiously, preferably, within a period of six months from the date a certified copy of the order is furnished on the trial court by the applicant or information is received from the registry, whichever is earlier Let a copy of this order be sent to the trial court through the Registry of this Court.
Order Date :- 24.8.2018 Sunil Kr Tiwari