Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51109 of 2019 Applicant :- Smt. Sarina Begam Opposite Party :- State of U.P.
Counsel for Applicant :- Hari Bans Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hari Bans Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 53 of 2019 under Sections 498A, 304B, 326 I.P.C. and under Section 3/4 D.P. Act, Police Station Kakwan, District Kanpur Nagar during the pendency of trial.
Learned counsel for the applicant contends that applicant is sister-in-law, who lives separate from the deceased in Kanpur Dehat. In statement u/s 161 Cr.P.C., the deceased had taken name of the husband-Mubarak only and not of the applicant. Her dying declaration was recorded one day thereafter on 21.5.2019, in which she has taken name of the applicant erroneously. She was not present on the scene of occurrence nor she was instrumental in setting her on fire. Applicant has no previous criminal history. The applicant is languishing in jail since 12.9.2019. If he is released on bail, he would not misuse the liberty.
Learned A.G.A has opposed the prayer of grant of bail stating that her name has been taken by the deceased in her dying declaration.
I have gone through the F.I.R. as well as her dying declaration and after having heard rival contentions, I am of the view that since the deceased had taken name of the accused applicant to have been involved in burning her to death, this is not found to be a fit case to grant bail. It is, accordingly, rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a period of six months from the date of production of a certified copy of this order.
Order Date :- 18.12.2019 A.P. Pandey