High Court of Judicature at Allahabad
Case Law Search
Rakesh And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13631 of 2006  RD-AH 12492 (28 July 2006)
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.
Double Click on any word for its dictionary meaning or to get reference material on it.