VIJAY KUMAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) 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 Rajwantl Devi r/o C-7/104 Senpura P.S. 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.