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Allahabad High Court · body

2011 DIGILAW 1620 (ALL)

Vinod Kumar v. State of U. P.

2011-07-07

ARVIND KUMAR TRIPATHI

body2011
Arvind Kumar Tripathi,J.:- Heard learned counsel for the applicant, learned A.G.A. and perused the record. Learned counsel for the applicant submitted that the applicant is husband of the deceased. The marriage, according to the First Information Report, was solemnised ten years before the incident with the applicant. It was an accidental burn. The applicant tried to save her. He also received injuries. Her statement was recorded by the investigating officer and before the Magistrate and there is contradiction. The time of the incident was shown at 1:30 hours on 3.2.2011. However, in the statement recorded before the Magistrate the time was shown 6-7 A.M. For the last ten years there was no complaint regarding torture and cruelty. The incident is dated 3.2.2011. However, after thought and consultation the First Information Report was lodged on 5.2.2011. However, the applicant is in jail since 23.2.2011. Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail on the ground that since the applicant established illicit relation with another woman, hence the deceased Pana Devi was being tortured by the applicant. On 3.2.2011 suddenly a quarrel took place, he poured kerosene oil and put her on fire. Her statement was recorded by the Investigating Officer and subsequently by the Magistrate on the same day i.e 6.00 P.M. on 3.2.2011. According to the dying declaration she was burnt after pouring kerosene oil by the applicant. When she cried, then the villagers reached there. Thereafter she was taken to the hospital. It is further contended that the deceased has also stated that two years before the incident her husband was married with another woman and due to this there was quarrel in between the deceased and the applicant. Hence considering the facts and circumstances of the case and the allegation made in the First Information Report and in the dying declaration the applicant is not entitled for bail. In view of the above, this bail application is accordingly rejected. However, the trial court is expected to conclude the trial as expeditiously as possible..