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Allahabad High Court · body

2010 DIGILAW 2206 (ALL)

Vijay Kumar Dubey v. State of U. P.

2010-07-27

RAVINDRA SINGH

body2010
JUDGMENT: Ravindra Singh, J. This application has been filed by the applicant Vijay Kumar Dubey with a prayer that he may be released on bail in case crime no. 576 of 2009 under section 302 I.P.C. P.S. Sigra district Varanasi. 2. The facts, in brief, of this case that a F.I.R. has been lodged by the Sub-Inspector Sri Raj Kumar Singh, In-charge of Police Out Post Nagar Nigam P.S. Sigra district Varanasi on 26.8.2009 at 1.40 P.M. in respect of the incident which had occurred on 26.8.2010 at 12.45 P.M. The applicant, co-accused Meera Pathak, co-accused Aslam and co-accused Ahmad are named in the F.I.R. as accused. The alleged occurrence has taken place in the office of Nagar Nigam in the room of Upper Nagar Ayukt Sri Satya Prakash Pandey. It is alleged that on an information received at 12.50 p.m. that a woman has been set on fire in the office of Nagar Nigam, the first informant came to the office of Nagar Nigam and saw the deceased in burnt condition lying on the first floor of the room of Upper Nagar Ayukt, Satya Prakash Pandey. The employees of the Nagar Nigam had extinguished the fire, on query made by the Sub-Inspector 'she disclosed her name as Km. Bhagirithi Devi daughter of late Rajwanti Devi r/o C-7/104 Senpura PS.Chetganj district Varanasi, she stated that she was a fourth class employee of the Health Department of Nagar Nigam,She was being exploited by the officers/ employee of Nagar Nigam for the last many days. On 26.8.2009 at 12.45 p.m. Vijai Dubey, Store In-charge, co-accused Meera Pathak, peon, the co-accused Aslam peon co-accused Ahmad Peon, caught her and was taken to the bathroom of Nagar Nigam where kerosene oil was poured upon her and she was set on fire.' Thereafter, the deceased was taken to Kabir Chaura Hospital to provide medical aid. The F.I.R. was lodged under section 307 I.P.C. The dying declaration of the deceased was recorded by the learned A.C.J.M. III on 26.8.2009 at 1.39 p.m., her second dying declaration was recorded by the learned C.J.M. on 26.8.2009 at 5.30 p.m., thereafter, the deceased succumbed to her injuries on 26.8.2009 at 7.40 p.m. at S.S.P.G. Hospital Varanasi. The applicant applied for bail, the same has been rejected by the learned Sessions Judge, Varanasi on 2.4.2010. 3. Heard Sri Manish Tiwary learned counsel for the applicant and the learned A.G.A. 4. The applicant applied for bail, the same has been rejected by the learned Sessions Judge, Varanasi on 2.4.2010. 3. Heard Sri Manish Tiwary learned counsel for the applicant and the learned A.G.A. 4. It is contended by the learned counsel for the applicant that according to the prosecution version the F.I.R. has been lodged by the Sub-Inspector Sri Raj Kumar Singh, who was posted as Chauki In-charge, Nagar Nigam, on the basis of information received. The alleged occurrence has taken place in the office of the Nagar Nigam during the working hours of the office, but no officer or the employee of Nagar Nigam lodged the F.I.R., in respect of the said incident. The F.I.R. has been lodged on the basis of the declaration given by the deceased to the first informant, vague allegation has been made against the applicant and other co-accused persons, no motive or intention has been assigned to the applicant for committing the alleged offence, the alleged incident has taken place in some other manner, the prosecution story is not corroborated by medical evidence, according to the medical examination report, the injury was dermo epidermal burn, thermal in nature, no kerosene or its smell was found on the body of the deceased, the condition of the deceased was very poor and serious, burn injury was 90% grade II to Grade III, she was not in a position to give any dying declaration, her dying declaration was recorded by the learned A.C.J.M. III on 26.8.2009 at 1.39 p.m. in which she stated that at about 1.00 p.m. she was on the first floor of the office, when she reached near the bathroom she was dragged to the bathroom by the applicant, co-accused Meera Pathak, and co-accused Aslam, the kerosene was poured on her and she was set on fire then she ran forward, the employees of the office came in her rescue, the applicant was working as Store Keeper in the Nagar Nigam, the deceased got the job in the office under the Dying in Harness Rules. The applicant had locked her house of Soniya locality she changed earlier version in her second Dying Declaration recorded on 26.8.2009 at 5.30 p.m. in the court of C.J.M. in which she stated that the alleged occurrence had taken place at about 12 or 1 O'clock in day. The applicant had locked her house of Soniya locality she changed earlier version in her second Dying Declaration recorded on 26.8.2009 at 5.30 p.m. in the court of C.J.M. in which she stated that the alleged occurrence had taken place at about 12 or 1 O'clock in day. She was set on fire by some persons in bath room of Nagar Nigam she did not disclose the name of any person as alleged, she stated that she had already recorded her statement now she would not say anything". According to her second dying declaration she did not disclose the name of the applicant or other co-accused, her statement has been recorded by the I.O. under section 161 Cr.P.C. also in which she stated that she was dragged to the bath room of Nagar Nigam by the applicant and the co-accused Meera Pathak, Aslam and Ahmad where the applicant poured kerosene oil upon her and asked Meera Pathak to set her on fire, then she was set on fire by Meera Pathak, she stated that the co-accused Aslam and Ahmad caught hold her in the bath room, she came out from the bath room and fell down in the room of Upper Nagar Ayukt Sri Satya Prakash Pandey during investigation the statement of Smt. Kiran Devi, was recorded, who was also an employee in the same department, she stated that the deceased in a burnt condition came out from the bath room, she did not disclose the name of any accused. Similar statement was given by Smt. Asha Tiwari, who had stated that the deceased was being harassed by the applicant with regard to her service. Similar, statement was given by Zia-ul-Hasan, Jawahir Singh and Trilochan Pandey and Ratnesh Kumar.The statement of Upper Ayukt has also been recorded, he also stated that at about 1.00 p.m. when he was sitting in the office, the deceased came in his office in burning condition, he was astonished but he did not disclose the name of any accused. The statement of Smt. Kanak Devi, Phool Chand and Sachchidanand have been recorded, they also did not say as to how and in what manner the deceased sustained injuries. The co-accused Aslam Ahamd has been released on bail by another bench of this court on 6.7.2010 in criminal misc. Bail application no. 16854 of 2010. The statement of Smt. Kanak Devi, Phool Chand and Sachchidanand have been recorded, they also did not say as to how and in what manner the deceased sustained injuries. The co-accused Aslam Ahamd has been released on bail by another bench of this court on 6.7.2010 in criminal misc. Bail application no. 16854 of 2010. The applicant is not having any criminal antecedent, He is in jail since 26.8.2009, he may be released on bail. 5. In reply to the above contention it is stated by the learned A.G.A. that in the present case, the deceased was a peon in Nagar Nigam, the alleged occurrence has taken place in the office of Nagar Nigam, the deceased was dragged to the bath room where kerosene oil was poured upon her, and she was set on fire, in burnt condition she came to the Chamber of the Upper Nagar Ayukt, it is a broad day light incident, on the statement given by the deceased F.I.R. has been lodged by the Sub-Inspector In-charge Chauki Nagar Nigam, he was having no enmity or annoyance with the applicant and other co-accused. The deceased was burnt 90%, in grade II and grade III, after such burn the presence of the kerosene or its smell may not be sustained. The deceased was in fit condition to give her dying declaration, emergency medical officer of S.S.P.G. Hospital, Varanasi gave a fitness certificate at 1.00 p.m. on 26.8.2009 that she was able to give her oral statement, thereafter her dying declartion has been recorded by A.C.J.M.III at 1.39 p.m. on 26.8.2009 in which she she has made specific allegation against the applicant, co-accused Meera Pathak and co-accused Aslam, thereafter, her statement has been recorded by the C.J.M. Varanasi on 26.9.2009 at 5.30 p.m., her statement has been recorded by the I.O. also under section 161 Cr.P.C. in which she clearly stated that the applicant poured kerosene oil upon her, the co-accused Meera Pathak set her on fire, she clearly stated that the applicant had locked her house situated at Soniya, the applicant was having strong motive and intention to commit the alleged offence. The gravity of the offence is too much The criminal misc. bail application no. The gravity of the offence is too much The criminal misc. bail application no. 11743 of 2010 moved by the co-accused Smt. Meera Pathak has been rejected by another bench of this court on 14.5.2010 and the trial court has been directed to conclude the trial, if possible, within six month from the date of production of a certified copy of the order. In case the applicant is released on bail, he may tamper with the evidence, therefore, he may not be released on bail. 6. Considering the facts, circumstances of the case and submissions made by the learned counsel for the applicant, and the learned A.G.A. and the dying declaration of the deceased, the gravity of the offence, which is too much because a female employee has been set on fire in her office by other employees, the case of co-accused Aslam Ahmad, who has been released on bail by another bench of this court is distinguishable with the case of the applicant and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused. Accordingly the bail application is rejected.