Akram vs State of U.P.

R K. Jain, J.—Heard Sri S.P. Singh Raghav, learned Counsel for the applicant and Sri G.C. Pant, learned Addl. Government Advocate (Brief holder).

Sri Raghav argues that the first informant has disowned the first information report and now there is no material except the alleged statement of the deceased under Section 161 Cr. P.C He has submitted that the report was lodged at 5.45 p.m. and the deceased died at 8.20 p.m. while on way to Government hospital, Khurja. His submission is that in the circumstances it is doubtful if the deceased was in a fit mental and Ehysical condition to make any statement, Pant has argued that the victim was first taken to P.H.C. Jevar where it appears from the C.D. that his statement was recorded and thereafter he was referred to Government hospital Khurja.

Bail application was heard on 24999 when Sri Pan t had not complete instructions. Today, on the basis of the entries in the case diary he has argued that interrogation was made at P.H.C. Jevar and thereafter the victim was referred to Government hospital, Khurja. However, he has fairly conceded that the case diary does not disclose the timeofadmission of the victim at RH.C. Jevar, the time of recording of the statement by the I.O. and whether any doctor was present to certify that the victim was in a fit mental and physical condition to give the statement. He also fairly concedes to the quarry made by the Court that case diary does not also make a reference of any letter of reference to Government hospital, Khurja.

In the aforesaid facts and circumstances and without expressing any opinion with regard to the probative value of the statement under Section 161 Cr.P.C. which may be used as dying declaration I am of the view that the applicant may be enlarged on bail.

Let applicant Akaram son of Munshi Abdul Rehman, involved in Case Crime No. 41 of 1999 under Section 302/307 LEG police station Jewar, district Bulandshahar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Bulandshahar.

Application allowed.