Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6709 of 2010 Petitioner :- Raghav Alias Raghvendra Respondent :- State Of U.P. Petitioner Counsel :- J. S. P. Singh,Ravish Kr. Singh Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
This is the second bail application. The first bail application was rejected by
this court on 12.5.2009.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that the applicant himself has
received injuries and his condition was critical and even then his dying
declaration could not be recorded and statement of the doctor has been
recorded in the trial court which is annexed with the supplementary affidavit
and it has come in the statement that the deceased was brought at 12.00 and
thereafter 15 minutes the dying declaration was recorded and she was not in a
position to give dying declaration and she died about 12.30 noon i.e. 15
minutes thereafter she was feeling difficulty in breathing and mask was
provided to her. It is further contended that the deceased had died prior to
recording the dying declaration and under pressure of the members of B.S.P.
the applicant has been falsely implicated in this case because the deceased
was Harijan by caste and applicant is non Harijan and it is a case of honour
killing. Lastly it is contended that the FIR version has been changed and there
is cross FIR and the Magistrate who has recorded dying declaration has
reached suo moto and was never called for. The applicant is in jail since
30.12.2008.
Learned A.G.A. has contended that the applicant is named in the FIR and
there is specific allegation against him and in the dying declaration the
deceased had made allegation against the applicant and the trial is pending.
The first bail application of the applicant was rejected by this court on
12.5.2009. In the second bail application the dying declaration has been
assailed by the learned counsel for the applicant basing his argument on the
statement of the doctor deposed in the court. With the bail application
statement of Tehsildar Magistrate has also been appended who has given
statement that he has recorded dying declaration of Km. Anju after getting
certificate of the doctor and the dying declaration has been recorded in
question answer form and thereafter thumb impression was taken. The trial
court is now to assess about the veracity of the dying declaration. The trial is
pending. Any comment about the dying declaration by this court may effect
the trial court proceeding . In the dying declaration specific allegation has
been made against the applicant. Detailed scrutiny of the evidence given by
the doctor in the trial court is not required at this stage.
Considering the facts and circumstances of the case but without expressing
any opinion on the merits of the case, I do not find any merit in the bail
application.
Consequently, the prayer for bail of the applicant Raghav alias Raghvendra is
hereby rejected at this stage.
Order Date :- 5.8.2010
Masarrat