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The Allahabad High Court has observed that the evidence available at the time of hearing of the bail application cannot be examined, only to be seen as to what is the role in the offense and whether he deserves to be released on bail or not. The court said that the girl died due to fire. He has given dying declaration before doctors and ASI.
The police have let off several accused named in the FIR. There is no such fact to suspect that the doctor and the police had enmity with the accused. There is evidence of death by fire. In such a situation, he cannot be released on bail. Rejecting the bail application, the court said that if there is no legal hurdle, the trial should be completed in one year. This order has been given by Justice Krishna Pahal on the application of Anees of Ghaziabad, Loni.
The FIR was lodged by the complainant, a resident of Shamli, Kandhla. Said that seven years before his death, his sister had married Anees according to Muslim customs. The petitioner had relations with a girl. Both were caught together in a compromising position by the family. Promised to improve. The petitioner and his family used to torture the deceased. Used to fight. On 10 Dec 18 the complainant received a call that his sister had got burnt in a fire. He was taken to the hospital where he could not be saved. Prior to the incident, the petitioner along with his wife had stayed in a mosque in Loni.
The question in the court was whether the dying declaration by the ASI would be considered as dying declaration or not. The court said that such a statement is a heard statement. The court will see whether the statement has been made by reading, inciting, or whether the statement is not imaginary. There is also a video of the assault on the deceased. Looking at the discussion, it can be said that the action of the doctor and the police is correct.
