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Farida And Others v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 4704 of 2006 [2006] RD-AH 5874 (10 March 2006)


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Hon'ble Mukteshwar Prasad, J.

Heard learned counsel for the applicants, learned A.G.A. and perused the record.

It is submitted that co-accused Jaqir, Sabana and Farhat have already been released on bail by this Court vide order dated 20.2.2006. It is contended that undue delay took place in lodging the F.I.R. and F.I.R. was actually lodged after the death of the lady. In her dying declaration, the deceased made general allegations against father-in-law  mother-in-law, sisters-in-law and others and no specific role was assigned to the applicants. It is also contended that it was husband who took the deceased to hospital and moved an application also to S.P., Bijnor that the lady sustained burn injuries while she was cooking food.

On the other hand, the application is opposed on the ground that the lady had named the applicants in her dying declaration and there is no delay in lodging the F.I.R. as urged by the applicants' learned counsel.

Considering all facts and circumstances of the case and in view of the facts that the aforesaid three accused who allegedly played the common role in the crime have already been released on bail, I find that present applicants also deserve bail.

Let the applicants-Farida, Ayub and Sazid be enlarged on bail on their executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Bijnor in case crime no. 990 of 2005, under Sections 498A/304B I.P.C. and ¾ of Dowry Prohibition Act, P.S. Nagina Dehat, District Bijnor.




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