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2022 Supreme(All) 665

SAMEER JAIN
Manish – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Kapil Tyagi.
For the Opposite Party : G.A.

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 de

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