Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18381 of 2009 Petitioner :- Mehboob Respondent :- State Of U.P. Petitioner Counsel :- Amit Misra,G.C. Singh,Viresh Misra Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A.
It is contended by learned counsel for the applicant that the marriage of the
applicant with the deceased took place some 30 years back and the applicant
has six children out of the said wedlock and there was no occasion to murder
the deceased.
Learned A.G.A. contended that the deceased was murdered by the applicant.
According to post-mortem report, the ante mortem injurey was found and the
deceased had died due to coma, shock and haemorrhage.
It is informed that the trial is pending. Most of the witnesses have been
examined.
Considering the facts and circumstances of the case and submissions made by
the learned counsel for the applicant and without expressing any opinion on
the merits of the case, the applicant is not entitled to be released on bail at this
stage. Therefore, this bail application is rejected.
However, the Trial Court is directed to conclude the trial in case Crime No.
390 of 2008, under Section 304 I.P.C., P.S. Deoband, District- Saharanur
within three months, if possible, from the date of a certified copy of this order
is filed before the court concerned provided the applicant co-operates.
Order Date :- 20.7.2010
Naresh