RAJESH AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri V.P. Srivastava, Senior Advocate, assisted by Sri Lav Srivastava, learned counsel for the applicant and the learned A.G.A. appearing for the State of U.P. and perused the record.

(2.) THE facts, in brief of this case are that the F.I.R. of this case has been lodged by Babu Ram on 23.5.2009 at 2.10 p.m. in respect of the incident which had occurred on 23.5.2009 at about 7 a.m. It is alleged that the applicant and the co-accused Chet Ram came at the house of the deceased on 23.5.2009 at about 7.00 a.m. for the purpose of evicting the house by the decreased account of pendency of litigation, they sprinkled the kerosene oil and set the deceased on fire, the deceased in an injured condition was admitted in the District Hospital Jaunpur where she was medically examined on 23.5.2009 at 5.00 p.m in the District Hospital Jaunpur. The dying declaration of the deceased was recorded at 12.00 p.m. by the learned magistrate concerned, according to the dying declaration she was caught hold by the applicant Rajesh, kerosene oil was poured at her by the applicant Awdhesh and she was set on fire by the co-accused Chait Master. The applicant applied for bail before the Additional learned Sessions Judge, Jaunpur who rejected the same on 1.9.2009.

(3.) IN reply to the above contention it is submitted by the learned A.G.A. that the dying declaration of the deceased have been recorded after the certificate issued by the doctor, she was not in a fit condition to give her statement. It was recorded in question answer form, even at the time of admission in the Hospital she was unconscious, active role of catching hold and pouring the kerosene oil has been assigned to the applicant respectively, there was strong motive to commit the alleged offence. In case the applicant are released on bail, they may tamper with the evidence. Therefore, they may not be released on bail.