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HEMANT SHARMA versus STATE OF U.P.

High Court of Judicature at Allahabad

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Hemant Sharma v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 4703 of 2006 [2006] RD-AH 8865 (3 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 30

Criminal Misc. Bail Application No. 4703 of 2006

Hemant Sharma             Vs.                State of U.P.

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Hemant Sharma                              indicted in case crime No. 256  of 2005 under sections 304-B, 498-A, 323  I.P.C. and 3/ 4 of D.P. Act  P.S. Gandhi Park District Aligarh. .

Heard Shri Ram Babu Sharma, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The informant's daughter was married to the applicant on 4.5.2001. It is alleged that she was subjected to cruelty by the applicant and her parents-in-law for demand of Hero Honda motorcycle and was ultimately set on fire in the morning of 13.6.2005. The victim was admitted in the hospital by the applicant on  same day at 12.45 P.M. The dying declaration of the victim was recorded on 13.6.2005 at 5 P.M. by the Magistrate. The victim died in the hospital on 13.6.2005 at 10.15 P.M.

The learned counsel for the applicant submitted that in the dying declaration the victim has assigned a specific role of sprinkling kerosene oil on her body to her mother-in-law. It was submitted that the victim in her dying declaration has denied  the presence of  her husband and father-in-law in the house at the time of incident.

The learned A.G.A. submitted that the applicant is the husband and his wife died within four years from the date of marriage. It was urged that the victim was subjected to cruelty by the applicant and co-accused for the demand of Hero Honda motorcycle.

I have taken into consideration the submissions advanced by the learned counsel for both the parties.

The victim in her dying declaration recorded by the Magistrate has stated that her mother-in-law had sprinkled kerosene oil and ignited fire.  According to her the mother-in-law and two children were present in the house at the time of incident. The victim was taken to the hospital by the applicant

In view of these facts and circumstances, I consider it to be a fit case for grant of bail.  

Let the applicant Hemant Sharma indicted in case crime No. 256 of 2005 under sections 304-B, 498-A, 323  I.P.C. and 3/ 4 of D.P. Act  P.S. Gandhi Park District Aligarh.  be enlarged on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/4703/06

3.5.2006

 

Court No. 30

Criminal Misc. Bail Application No. 4703 of 2006

Hemant Sharma             Vs.                State of U.P.

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Hemant Sharma                              indicted in case crime No. 256  of 2005 under sections 304-B, 498-A, 323  I.P.C. and 3/ 4 of D.P. Act  P.S. Gandhi Park District Aligarh. .

Heard Shri Ram Babu Sharma, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The informant's daughter was married to the applicant on 4.5.2001. It is alleged that she was subjected to cruelty by the applicant and her parents-in-law for demand of Hero Honda motorcycle and was ultimately set on fire in the morning of 13.6.2005. The victim was admitted in the hospital by the applicant on  same day at 12.45 P.M. The dying declaration of the victim was recorded on 13.6.2005 at 5 P.M. by the Magistrate. The victim died in the hospital on 13.6.2005 at 10.15 P.M.

The learned counsel for the applicant submitted that in the dying declaration the victim has assigned a specific role of sprinkling kerosene oil on her body to her mother-in-law. It was submitted that the victim in her dying declaration has denied  the presence of  her husband and father-in-law in the house at the time of incident.

The learned A.G.A. submitted that the applicant is the husband and his wife died within four years from the date of marriage. It was urged that the victim was subjected to cruelty by the applicant and co-accused for the demand of Hero Honda motorcycle.

I have taken into consideration the submissions advanced by the learned counsel for both the parties.

The victim in her dying declaration recorded by the Magistrate has stated that her mother-in-law had sprinkled kerosene oil and ignited fire.  According to her the mother-in-law and two children were present in the house at the time of incident. The victim was taken to the hospital by the applicant

In view of these facts and circumstances, I consider it to be a fit case for grant of bail.  

Let the applicant Hemant Sharma indicted in case crime No. 256 of 2005 under sections 304-B, 498-A, 323  I.P.C. and 3/ 4 of D.P. Act  P.S. Gandhi Park District Aligarh.  be enlarged on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/4703/06

3.5.2006

 


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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