LAWS(ALL)-2007-7-351

FARIYAD @ PAPPAL Vs. STATE OF U.P.

Decided On July 11, 2007
Fariyad @ Pappal Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the parties and also perused the materials on record.

(2.) This application for bail has been moved on behalf of the accused applicant Fariyad . Pappal, alleged to be involved in Case Crime No. 43/07 under sections 498-A, 304-B and 323 I.Y.C. and 3/4 Dowry Prohibition Act. P.S. Masoori. Ghaziabad. It is said that the accused applicant is the brother-in-law (Nandoi) of the victim woman and is residing separate to her. His name has falsely been roped into this case. However, this application was resisted by the learned Counsel for the complainant contending that there is dying declaration of the victim woman specifying allegations against the accused applicant as he had helped in bringing the kerosene oil container from which the kerosene oil was sprinkled by him. There are several persons of the family who have been named to have brought that kerosene oil container and a third person (her husband) ignition the fire. Having regards to the facts and circumstances of the case the accused applicant deserves bail.

(3.) Let the accused applicant be admitted on bail for the offences indicated above subject to his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned. However, this order will have no effect on the persons who have torched the fire. Application Allowed.