Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17581 of 2010 Petitioner :- Sundar Respondent :- State Of U.P Petitioner Counsel :- Ashutosh Yadav Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard Sri Ashutosh Yadav, learned counsel for the applicant, Sri
Nasiruzzaman, learned counsel for the complainant, learned A.G.A. for the
State and perused the record.
Learned counsel for the applicant has contended that the applicant is father
in law of the deceased and Smt. Kamlesh who is mother in law, has already
been allowed bail by this court. It is further contended that the deceased
herself had moved an application to the SHO, P.S. Sahibabad, District
Ghaziabad making allegation against her parents. The applicant is in jail
since 25.5.2010.
Learned counsel for the complainant has contended that 2 times Panchayat
was convened in order to settle the dispute and there is allegation against the
applicant and co-accused that they have set fire. Dead body was taken out
after breaking door latches. Learned A.G.A. also supported the same fact.
The applicant is father in law of the deceased and no overt act has been
assigned on his part.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant Sundar involved in case crime no. 459 of 2010, under
section 304B, 498A IPC and 3/4 D.P. Act, P.S. Sector 58, NOIDA, District
Gautam Budh Nagar be released on bail on his furnishing a personal bond
with two sureties each in the like amount to the satisfaction of the court
concerned.
Order Date :- 12.7.2010
Masarrat