Application for bail under Section 302 IPC rejected due to severity of offence and direct allegation in dying declaration. Trial court directed to conclude trial within one year.
Bail application rejected; trial court directed to conclude trial within one year.
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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37769 of 2019 Applicant :- Smt. Prem Sri Alias Nanhi Opposite Party :- State of U.P. Counsel for Applicant :- Vishnu Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
At the outset learned counsel for the applicant states that he does not intend to file any rejoinder affidavit.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
The present bail application has been moved with the prayer to enlarge the applicant on bail in Case Crime No. 49 of 2019, under Section 302 I.P.C., Police Station Kudh Fatehgarh, District Sambhal.
The applicant is wife of the deceased. A dying declaration was recorded on 15.04.2019. In the dying declaration of the victim, there is direct allegation against the applicant that she poured petrol and set the victim ablaze.
Keeping in view the severity of the offence, evidence, complicity of the accused, without expressing any opinion on the merits, this Court declines to grant any relief to the accused-applicant.
The application for bail is, accordingly, rejected.
However, the trial Court is expected to gear up the trial of the aforesaid case and is directed to conclude the same expeditiously, preferably within one year from the date of production of a copy of this order, in accordance with law, without granting unnecessary adjournments to either of the parties, provided the applicant fully cooperates in the conclusion of the trial.
Office is directed to transmit a certified copy of this order to the Court concerned within two weeks.
Order Date :- 10.9.2020 SKT/-
2 issues framed by the court
Whether bail should be granted in a case charged with murder under Section 302 IPC.
Whether the trial court is directed to conclude the trial expeditiously.
1 provisions across 1 enactments
Smt. Prem Sri Alias Nanhi
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
