Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19436 of 2010 Petitioner :- Santosh Chauhan Respondent :- State Of U.P. Petitioner Counsel :- M.S.Chauhan Respondent Counsel :- Govt.Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, counsel for the complainant and
learned A.G.A. appearing for the State.
It is contended by the learned counsel for the applicant that initially FIR was
lodged as NCR under section 323, 504,506 IPC and after death of the
deceased on 29.4.2010 the case has been altered under section 304 IPC. It is
further contended that it has come in the statement of the complainant that the
deceased had herself got registered some portion of the land in favour of her
daughter in law (Natini) and made a will of some portion of land in favour of
applicant and there was no reason for the applicant for pressing for registry
of the land which was given by her in will. There was no motive of the
applicant to commit murder of the deceased.
Sri PS Sengar,learned counsel for the complainant contended that the
applicant wanted to grab the portion of the land which was given by the
deceased to the applicant by way of will and this was the reason he committed
murder of the deceased.
Learned A.G.A. has supported the arguments of the learned counsel for the
complainant.
The case was initially registered as NCR under section 323, 504,506 IPC and
after death of the deceased on 29.4.2010 the case has been altered under
section 304 IPC. The deceased succumbed to her injuries after two days. The
applicant is in jail since 13.5.2010.
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 entitled to be released on bail.
Let the applicant Santosh Chauhan involved in Case Crime No. 165 of 2010
under Sections 304, 323, 504, 506 IPC Police Station Nagra , District Ballia
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 :- 28.7.2010
SU.