DEEPAK KUMAR PRAJAPATI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Dinesh Pathak, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

(2.) The present bail application has been filed by the applicant-Deepak Kumar Prajapati in Case Crime No.488 of 2016, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Karchhana, District-Allahabad with the prayer to enlarge him on bail.

(3.) The submission of the learned counsel for the applicant is that the applicant is the husband of the deceased and from tenor of dying declaration of the deceased it appears that the deceased had herself set on fire and had committed suicide. It appears that she was found to be 90 per cent burnt and she was not in a fit mental condition to record dying declaration as she was in the state of delirium and on account of which there is no clarity in dying declaration, especially with regard to the applicant's role in commission of the offence. He has further submitted that statement of the first informant was recorded under Section 164 Cr.P.C. by the Magistrate in which he has stated that his daughter was mentally unstable and she had committed suicide. The trial of the case has also started in which first informant was examined as PW 1 who has not supported the prosecution version. Therefore, at this stage, much reliance can not be placed on the dying declaration which apparently appears to be cryptic in itself. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 12.10.2017, having no criminal history to his credit, deserves to be released on bail.