Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26831 of 2021 Applicant :- Shailu Opposite Party :- State Of U.P Counsel for Applicant :- Satya Narayan Yadav
Hon'ble Om Prakash-VII,J.
By means of this application the applicant Shailu has prayed to release him on bail in Case Crime No.73 of 2021, under Section 302 I.P.C., Police Station Makkhanpur, District Firozabad.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. No prima facie case is made out against the applicant. It is further submitted that incident is said to have taken place on 16.3.2021 in the night at 9:00 P.M. Deceased died on 17.3.2021 at 6:00 A.M. in the hospital. F.I.R. was lodged on 17.3.2021. Allegation is that applicant poured oil on the deceased, lit the match stick and set him ablaze. In fact, deceased himself poured oil upon his body and set himself afire. There is no motive against the applicant to commit the present offence. Referring to the statement of the witnesses, it is further argued that none of the witnesses have supported the prosecution case, who were interrogated during investigation. Deceased has not made any statement to the witnesses. Statement recorded to this extent is false and made only to implicate the applicant. Referring to the postmortem report and other documents annexed with the bail application, it is further argued that none has seen the incident. Deceased was in an inebriated condition and in that state he set on fire himself. Applicant is languishing in jail since 18.3.2021 having no criminal antecedents. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and argued that deceased has made dying declaration before the witnesses, who took him to the hospital. Referring to the statement of the witnesses who accompanied the deceased to the hospital, it is further submitted that the deceased had clearly stated that the applicant and co-accused threw oil upon him and set him ablaze with the matchstick. Thus, a prima facie case is made out against the applicant. Referring to the postmortem report, it is further submitted that cause of death of the deceased is antemortem burn injuries.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of the witnesses and the medical evidence, the Court is of the view that no case for bail is made out.
The bail application is rejected.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.10.2021 ss Digitally signed by OM PRAKASH Date: 2021.10.07 16:46:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad