Billu v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37314 of 2018

Applicant :- Billu Opposite Party :- State Of U.P. Counsel for Applicant :- Abhinav Singh Counsel for Opposite Party :- G.A.,Avinash Pandey

Hon'ble Aniruddha Singh,J.

Counter affidavit filed today is taken on record.

Vide order dated 6.12.2018, this case was directed to be listed in the next cause list peremptorily. In spite of that Sri Avinash Pandey, learned counsel for the complainant is not present. List has been revised. Learned counsel for the complainant is not present. Learned counsel for the applicant and learned A.G.A. are present.

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

According to prosecution case, F.I.R. was lodged against four accused persons, namely Dila,Smt. Bano, Munna and Billu alleging that on 14.1.2018 sister of the complainant Fareen, 18 years of age, was assaulted by throwing kerosene oil and set on fire. Dying declaration of Fareen was recorded and she specifically stated that Smt. Bano had thrown kerosene oil and Dila set a fire by match stick. She received injuries, resultantly died.

Learned counsel for the applicant submitted that there was love affair of deceased with Munna and some persons came in the marriage of Munna, deceased went to the house of Munna after throwing kerosene oil herself; unfortunately, incidentally fire was received and Fareen received burn injuries. He further submitted that according to dying declaration, nothing has been stated by Fareen against the applicant and Billu, hence there is no evidence against the applicant and Billu; this is a pure case of suicidal of deceased; the applicant is languishing in jail since 17.3.2018 (more than eight and half months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; the applicant is 23 years of young boy and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.