PINTU Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant Pintu has moved the Criminal Misc. Bail Application No. 29406 of 2007 and the applicant Vijay has moved the Criminal Misc. Bail Application No. 29418 of 2007 with a prayer that they may be released on bail in Case Crime No. 523 of 2007 under sections 302 and 452, I.P.C., P.S. Hapur Nagar, District Ghaziabad. Both the applications are arising out of the same case crime number and both the orders dated 31.10.2007 passed by learned Additional Sessions Judge, (Special Judge) S.C./S.T. Act, Ghaziabad by which the prayer for bail of both the applicants has been refused, therefore, both the applications are being disposed of by a common order.

(2.) The facts in brief of this case are that the F.I.R. of this case has been lodged by Deepak on 19.8.2007 at 10.00 a.m. in respect of the incident which had occurred on 19.8.2007 at about 9.00 a.m. The distance of the police station was about 4 km. from the alleged place of occurrence. The applicants and co-accused Munna are named in the F.I.R.

(3.) It is contended that the allegation against them is that the applicants and co-accused Munna were teasing the deceased, it's complaint was made by the deceased to the first informant and his family members, many of times. The applicants and the co-accused were asked not to do so then they developed enmity with the deceased. On 19.8.2007 at about 6.00 a.m. When the deceased was sweeping her house, some altercation has taken place with the wife of co-accused Munna over the rubbish of channel then the deceased went to the room in the first floor of her house, at about 9.00 a.m. the first informant and other persons heard the sound of shouting of the deceased who came at the place of the occurrence and saw that applicants and co-accused Munna had set the deceased on fire and they ran away to their houses from the back side. The F.I.R. was lodged under sections 452 and 307, I.P.C. but subsequently the deceased succumbed to his injuries on 19.8.2007 then the case was converted under Sec. 302, I.P.C. According to the post mortem examination report the deceased had died due to burn injuries, she was having 90% burn.