JUDGMENT :

1. Heard Sri Kapil Tyagi, learned counsel for the applicant, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.

2. By way of the present application, applicant made prayer to release him on bail in Case Crime No. 39 of 2019, under Sections 302, 120B IPC, Police Station Sikandra, District Agra.

3. Applicant is the cousin brother (Mausera Bhai) of the deceased. The FIR of the present case was lodged on 20.01.2019 under Sections 302, 120B IPC against the applicant and his parents with the allegation that on 15.11.2018 applicant along with his parents ablazed the sister of informant, namely Rakhi by pouring kerosene oil and during the course of treatment, Rakhi (sister of informant) succumbed to her injuries on 20.11.2018. The dying declaration of the deceased Rakhi was recorded by the Additional City Magistrate-III, Agra on 15.11.2018 i.e. on the date of incident in the hospital in which she stated that applicant, his parents and Mintu (brother of applicant) dragged her in their home and after pouring kerosine oil ablazed her.

4. Learned counsel for the applicant submitted that entire allegation made in the FIR and in the dying declaration of the deceased is totally false and baseless and initially, during investigation, the accusation made against the applicant and his parents were found false, therefore, final report was submitted on 19.02.2019 thereafter, on the direction of the SSP concerned, further investigation was commenced and on 18.8.2019 charge-sheet was submitted against the parents of the applicant whereas, in respect of applicant, investigation continued. He further submitted that thereafter charge-sheet against the applicant was also filed. Learned counsel for the applicant submitted that dying declaration of the deceased Rakhi is not in accordance with law and is tutored one and he vehemently submitted that co-accused Smt. Mausammi @ Triveni, the mother of applicant, Raju, the father of applicant and Mintu, the brother of applicant have already been enlarged on bail by the co-ordinate Bench of this Court and as per dying declaration the allegation against the applicant is also at par with those accused persons, who have been enlarged on bail, therefore, on the ground of parity applicant should also be released on bail.

5. Per contra, learned AGA submitted that there is specific allegation against the applicant in the dying declaration of the deceased recorded by the Additional City Magistrate-III on 15.11.2018 and while granting bail to co-accused, namely, Smt. Mausammi @ Triveni, Raju and Mintu, the dying declaration of the deceased could not be discussed, therefore, on the ground of parity applicant should not be released on bail.

6. I have heard both the parties and perused the record of the case.

7. From the perusal of the FIR, it appears that informant, who is brother of the deceased was not an eye witness, but on 15.11.2018, Additional City Magistrate-III recorded the dying declaration of the deceased Rakhi in the hospital, which is annexed as Annexure No. 17 to the affidavit filed in support of bail application. From the perusal of the dying declaration of deceased it reflects that there is specific allegation against the applicant and co-accused Smt. Mausammi @ Triveni, Raju and Mintu that all the accused persons including the applicant dragged her in their house and ablazed her after pouring kerosene oil.

8. Firstly co-accused Mintu @ Amit was granted bail by co-ordinate Bench of this Court on 6.8.2021 vide Crl. Misc. Case No. 27220 of 2021. Perusal of the bail order of co-accused Mintu @ Amit shows that he was granted bail merely on the basis of argument advanced by learned counsel for the co-accused. The bail order dated 6.8.2021 is extracted below :

"Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 39 of 2019, under section 302 IPC, P.S.