Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34412 of 2009 Petitioner :- Maghanand Respondent :- State Of U.P. Petitioner Counsel :- A.K.Yadav,Rajiv Gupta Respondent Counsel :- Govt Advocate,D.S. Pandey Hon'ble Shri Kant Tripathi,J.
1. Heard the learned counsel for the applicant, the learned AGA and perused
the record.
2. The learned counsel for the applicant submitted that the applicant is the
father in law of the deceased and is a retired government employee and used
to reside separately from the deceased and her husband in district
Bulandshahar. It was further submitted that the deceased and her husband
used to live permanently in Ghaziabad and the husband of the deceased had a
shop in Noida. It was further submitted that the occurrence in question took
place on account of some dispute between the deceased and her husband and
the applicant had no role. The factum of separate living of the applicant in
Bulandshahar has not been disputed in the counter affidavit.
3. There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
4. Keeping in view the nature of offence and evidence, complicity of the
accused, the severity of punishment and submissions of the learned counsel
for the applicant and the learned AGA, I am of the view that the applicant has
made out a case for bail.
5. Let the applicant Maghanand involved in the case crime no.671 of 2009
under sections 302/34 IPC, police station Modi Nagar, district Ghaziabad, be
released on bail on his furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the CJM concerned.
Order Date :- 2.2.2010
RKSh