Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29940 of 2019 Applicant :- Smt. Santoshi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, FIR was lodged against Mohan Ram, Uncle of Mohan Ram and Smt. Santoshi alleging that Swati (sister of complainant) was in love of Mohan Ram; both married each other in a temple on 2.7.2017; Mohan Ram was already married; his first wife Santoshi got annoyed and quarrel started in their family; on 1.8.2017 uncle of Mohan Ram poured kerosene oil on Swati and Santoshi set her ablaze. Swati received burn injuries and died. Dying declaration of deceased was recorded, she stated against the applicant.
It is submitted by learned counsel for the applicant that applicant is lady and is languishing in jail since 10.8.2018 (near about one year) having no criminal history. She has been falsely implicated. She is wife of Mohan Ram. Co-accused Munnu Alias Bahoram has already been granted bail by this Court. She has been falsely roped in the case. There is no legal evidence against the applicant. There is neither any eye-witness account nor any independent witness. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail and submitted that according to dying declaration of deceased, she stated that applicant (first wife of Mohan Ram) set her ablaze. Main role was assigned to applicant. The case of applicant is distinguishable from co-accused Munnu Alias Bahoram who has already been granted bail by this Court.Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Smt. Santoshi involved in Case Crime No. 836 of 2017, under Sections 302, 120-B, 495, 496, 342 IPC, P.S. Mirzapur, District Shahjahanpur is hereby rejected at this stage.
It is expected from the court concerned to decide the trial expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 26.7.2019 A. Singh