Smt. Raisa v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3978 of 2019

Applicant :- Smt. Raisa Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Dwivedi,Amit Daga Counsel for Opposite Party :- G.A.

Hon'ble Harsh Kumar,J.

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

Learned counsel for the applicant contends that applicant is not named in F.I.R. and has been falsely implicated being mother of main accused Irshad @ Kallua; that as per averments made in F.I.R., the engagement of deceased was solemnized on 11.7.2016 by her parents elsewhere but since named accused Irshad @ Kallua was willing to make marriage with her, in the night of 14/15.7.2016 he came through roof of his house to the roof of first informant where deceased was sleeping with her parents, brothers and sisters and he thrown acid on sleeping deceased, and upon screams of deceased and her mother when first informant and family members awoke, named accused fled away by throwing acid on them also; that due to acid injuries during treatment death of Taiyaba did take place on 12.9.2016, her autopsy was conducted on 13.9.2016 and case was converted from Section 326-A I.P.C. to Section 302 I.P.C.; that in their statements under Section 161 Cr.P.C. first informant and his family members have not assigned any role to applicant but by way of improvement it was contended that at the time of throwing acid on deceased by Irshad @ Kallua, he was accompanied by his mother-applicant, his sister and Tai; that in dying declaration by way of further improvement applicant and her sister-in-law Rasheedan have been assigned with the role of catching hold of legs of deceased; that co-accused Rasheedan has been granted bail by another Bench of this Court vide order dated 14.12.2018 passed in Criminal Misc. Bail Application No.33287 of 2018, copy produced for perusal and is taken on record; that applicant is not alleged to have thrown acid on deceased; that applicant was neither present at the time of incident nor caught legs of deceased nor participated in throwing of acid on her; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 1.10.2016.