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RAKESH AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

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Rakesh And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13631 of 2006 [2006] RD-AH 12492 (28 July 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

Hon. K.N.Sinha,J.

Heard learned counsel for the applicant and learned A.G.A assisted by Sri Vinod Tripathi.

The applicant is the brother-in-law (Dewar) of the deceased. In the F.I.R the role of pouring kerosene  and burning  the deceased have been assigned  to father-in-law and brother-in-law of deceased. The statement of the husband of deceased i.e brother of applicant, has been recorded who has stated  that his father and brother used to toucher  her. There is no reason why own brother of applicant tell lie.  The dying declaration  of Smt. Kavita was recorded in which too she had implicated  the applicant besides her-father-in law, brother-in-law etc. She has said nothing about her husband and stated that her husband had saved her.

Learned counsel for the  applicant has assailed  this statement on the ground that  no certificate from doctor  has been given as to whether  she can speak or not  and her thumb impression  can also not be made when there is hundred  percent  burn injury. This statement was recorded  by Sub-Divisional Magistrate and at this stage there is nothing to  say about authenticity of this statement.

I, therefore, do not find  any ground for granting bail. The bail application is rejected.

Dt.28.7.2006.

G.S(9)(13631)


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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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