Sabiya Khatoon v. State of U.P.

Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10306 of 2019 Applicant :- Sabiya Khatoon Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava,Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State and perused the record.

According to prosecution case, F.I.R. was lodged by the informant against seven accused persons namely, Hashima (husband), Jamma (father-inlaw), Ajmerun(mother-in-law), Atika, Amina, Salim and Kasim alleging that the marriage of deceased Asma was solemnized with Hashima before six years, they demanded dowry as rupees two lacs from the deceased for which the deceased was being tortured by them and on 27.6.2017 they killed Asma by setting her on fire pouring kerosene oil. Statement (dying declaration) of deceased was recorded, she stated that brother-in-law (devar) and sister-in-laws (nanad) assaulted her. She also stated that Nafis (devar) poured kerosene oil and Rabiya and Sabiya (nanads) set her on fire by match stick.

Learned counsel for the applicant submitted that applicant is lady and married nanad of deceased. The applicant has been falsely implicated in the present. There is no independent witness against the applicant. She committed suicide herself. In case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial; she is languishing in jail since 3.9.2017 (more than one and half years) having no criminal history.

Learned A.G.A. opposed the prayer for bail and submitted that according to dying declaration main role of setting her on fire was assigned to applicant and co-accused Rabiya, they are nanad of deceased. Hence, he is not entitled for bail.