This criminal miscellaneous bail application was rejected. The court held that the dying declaration and the gravity of the offences barred the relief of bail.
Bail application rejected; applicant not entitled to be released on bail.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45937 of 2019
Applicant :- Girish Kumar Dwivedi @ Girish Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla,Sri V.P Srivastava Senior Adv Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This Bail Application has been filed by the accused application involved in case crime no. 125 of 2019 for the offence under Section 498-A, 304-B, 323 IPC and Section 3/4 D. P. Act, Police Station Kalyanpur, district Kanpur Nagar.
Heard Sri V. P. Srivastava, learned Sr. Advocate assisted by Sri Mithilesh Kumar Shukla, learned Advocate.
Learned Sr. Advocate appearing for the applicant states that although in the dying declaration said to have been recorded on 10.2.2019 specific role has been assigned to the applicant but on 12.2.2019 she was taken to different hospital for treatment. It is also argued that in-laws were present along with deceased during treatment. Applicant is father-in-law. General role has been assigned against him in the FIR. It appears improbable and unbelievable that the applicant will involve himself in committing such type of offence. Referring to the post mortem report as well as Bed Head Ticket it is also argued that medical evidence also does not support the oral version.
Learned A.G.A. argued that in the dying declaration recorded on 10.2.2019 deceased has specified role of the applicant. He has poured the kerosene oil over the body of the deceased and husband of the deceased set her ablaze. Thus referring to the aforesaid fact it was argued that applicant is not entitled to be released on bail.
Having regard to the facts and circumstances of the case, hearing the parties and taking into consideration the dying declaration as well as gravity of the offence bail application is not liable to be allowed.
Application is rejected.
Order Date :- 6.11.2019 Sachdeva
1 issue framed by the court
Whether bail is maintainable in a case involving offences of cruelty and dowry death where the dying declaration designates the applicant as a perpetrator.
4 provisions across 2 enactments
Girish Kumar Dwivedi @ Girish
Om Prakash-VII,J.
As recorded by the court registry
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