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Sripat Azad vs State Of U.P. on 28 July, 2010

Allahabad High Court
Sripat Azad vs State Of U.P. on 28 July, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19386 of 2010

Petitioner :- Sripat Azad
Respondent :- State Of U.P.
Petitioner Counsel :- Nikhil Kumar
Respondent Counsel :- Govt.Advocate

Hon'ble B.N. Shukla,J.

Heard learned counsel for the applicant and learned A.G.A.
appearing for the State.

It is contended by the learned counsel for the applicant that in the
dying declaration the deceased has given statement that she was
burnt in accidental fire and no allegation has been made against the
applicant.

Learned A.G.A. contended that the applicant burnt the deceased
and initially the FIR was lodged under section 326 IPC thereafter it was
altered under section 302 IPC after death of the deceased.

In the dying declaration there is no allegation against the applicant.
The applicant has no criminal history and is in jail since 25.3 .2010.

Considering the facts and circumstances of the case and
submissions made by the learned counsel for the applicant and
without expressing any opinion on the merits of the case, the applicant
is entitled to be released on bail.

Let the applicant Sripat Azad involved in Case Crime No. 299 of
2010 under Section 302 IPC Police Station Kotwali , District
Maharajganj be released on bail on his furnishing a personal bond with
two sureties each in the like amount to the satisfaction of the court
concerned.

Order Date :- 28.7.2010
SU.

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