Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15635 of 2021 Applicant :- Raju Alias Rajveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present second bail application has been filed by the applicant in Case Crime No.0347 of 2018, under Section 147, 302 I.P.C., P.S. Fatehabad, District Agra with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The marriage of deceased with applicant has taken place about eight years prior to the incident. Learned counsel submitted that when the first bail application of applicant was decided, the statements of witnesses, which have been recorded before the trial court, have not been taken into consideration. It has been submitted that in their statements, p.w.-1 Bantu, who is brother of deceased, p.w.-2 Shivpal, who is father of deceased have not supported the prosecution version and turned hostile. It was submitted that dying declaration of deceased is not reliable. It was further submitted that applicant is languishing in jail since 15.06.2018 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that first bail application of applicant has already been rejected on merits. It was submitted that the deceased has made a clear and categorical dying declaration stating that it was the applicant, who has put the deceased on fire.
Perusal of record shows that in dying declaration, deceased has categorically named the applicant regarding her death. The evidence recorded before the trial court cannot be appreciated at this stage. No new substantial ground could be shown for entertaining this second bail application.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the second bail application of applicant Raju alias Rajveer Singh is hereby rejected.
Order Date :- 30.7.2021 Neeraj