Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16281 of 2018 Applicant :- Siraj Khan Alias Sirajuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Mushir Khan,Amit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This bail application has been preferred by the accused- applicant namely Siraj Khan alias Sirajuddin, who is involved in Case Crime No. 114 of 2016, under Sections 302, 498-A I.P.C. Police Station- Maudarwaja, District- Farrukhabad.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case; initially the case was registered under Section 307, 498A I.P.C. on 31.3.2016 and after the death of the deceased Smt. Soni on 3.4.2016, case was converted from 307 I.P.C. to 302 I.P.C.; contention is that the accused himself was burnt in the incident while he was trying to save his wife and therefore, in any case his intention can not be taken otherwise except his involvement in the case. Moreover, the applicant and his family members got the deceased admitted in R.M.H. Hospital for her treatment, from where she was referred to Safai for better treatment and in respect to dying declaration learned counsel submits that she was not in a position to give statement as her condition was critical and therefore the appellant is entitled for bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail submitting that from the statement of the witnesses namely Salim and Gulzar coupled with the dying declaration of the deceased dated 30.3.2016 as much as her statement under Section 161 Cr.P.C. the role of setting the deceased on fire is assigned to the applicant. Thus the applicant is not entitled for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find it a fit case for bail.
Accordingly bail application is rejected.
Trial Court is directed to decide the trial expeditiously, in accordance with law, preferably within a year from the date of filing of certified copy of this order, without granting any unwarranted adjournment to either of the parties unless required for very compelling circumstances.
Registry is directed to transmit a copy of this order to learned District Judge, Farrukhabad for compliance within a week.
Order Date :- 31.7.2019 S.Verma