AMZAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sunil Kumar Singh, learned counsel for applicant and learned A.G.A. for State.

(2.) Applicant-Amzad has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 31.01.2020 passed by Fourth Additional Sessions Judge (Special Judge E.C. Act), Jaunpur in Case Crime No. 10 of 2018, under Sections 498A, 304B, 307, 326, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Badlapur, District Jaunpur.

(3.) Learned counsel for the applicant submits that applicant is the husband of deceased. The alleged incident was occurred on 03.01.2018 and deceased died during treatment on 07.02.2018. Dying declaration which was recorded on 09.01.2018 alleged the role of burning to husband as well as 11 other relatives and even on a child of one and half or two years old. Learned counsel also submits that mother-in-law herself admitted deceased in hospital at CHC, Badlapur and thereafter her husband shifted deceased to District Hospital, Jaunpur from where she was referred to BHU. As per post mortem report cause of death was septicemic shock as a result of infected burn injury. Two co-accused have already been granted bail by this Court vide orders dated 25.11.2019 passed in Criminal Misc. Bail Applications No. 11841 of 2019 and 13706 of 2019. There are vague and general allegations of demand of dowry. Lastly he submits that applicant has no criminal history and he is languishing in jail since 05.04.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.