Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51774 of 2019 Applicant :- Rohit Kumar @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Rohit Kumar @ Sonu who is involved in Case Crime No. 77 of 2019, under section 306, 354, 427 IPC, P.S. Basrehar, District Etawah.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is Mausera Dewar of the deceased. Initially the FIR was lodged under section 354, 307 and 427 IPC against the applicant and one Pooja. The FIR was lodged by the mother of the deceased. In FIR it has been mentioned that applicant set the deceased on fire after pouring kerosene oil. The dying declaration of the deceased has also been recorded in which she has stated that the applicant tried to establish physical relation with her and compelled her to make physical relation with him. The applicant also broken her two mobiles. Due to mental torture of the applicant the deceased has committed suicide. The real fact is that the deceased has committed suicide due to her other family problem. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 22.4.2019.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that the FIR has been lodged against the applicant. The applicant is named in the FIR. The dying declaration of the deceased was also recorded in which she has clearly stated that the applicant has harassed and tortured her to establish physical relation with him. The deceased in her dying declaration has made specific allegation against the applicant. The deceased was married lady and against her wishes the applicant wants to establish his physical relation with her due to which she committed suicide, 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 is refused and the bail application of the applicant Rohit Kumar @ Sonu is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of 8 months from the date of the production of the certified copy of this order, if there is no legal impediment.
Order Date :- 27.11.2019 Masarrat