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Neutral Citation No. - 2025:AHC:109499 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46982 of 2024 Applicant :- Chand Khatoon Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri N.I. Jari, Advocate holding brief of Sri Sadrul Islam Jafri, learned counsel for applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
3. The present bail application has been filed by the applicant in Case Crime No.111 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Binauli, District Baghpat with the prayer to enlarge him on bail.
4. In the instant case, there is dying declaration of the deceased person, whereby the deceased has assigned the role of sprinkling kerosene oil and setting her afire to the applicant only and the other co-accused persons are stated to be standing there. The applicant is in jail since 30.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application.
6. After hearing learned counsel for the parties and taking into
consideration the dying declaration of the deceased, I do not find it a fit case for grant of bail to the applicant.
7. The bail application is found devoid of merits and is, accordingly, rejected.
8. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the
Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment.
9. It is clarified that the observations made herein are limited to the
facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 10.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad