Dhan Devi vs State of U.P.

B.N. Shukla, J.—Heard learned Counsel for the applicant and learned A.G.A. appearing for the State.

It is contended by the learned Counsel for the applicant that the deceased is soninlaw of the applicant and there was no motive or intention on the part of the applicant to commit murder. The FIR was lodged after one month from the date of alleged incident. It is further contended that at the time of inquest family members of the deceased were present and in the statement of Mathura Prasad it has come that in saving the deceased his neck was pressed and he became unconscious and succumbed to the injuries in the way to hospital.

Learned A.G.A. contended that the applicant was also involved in committing murder of the deceased.

Perused the statement of the witnesses. The FIR was lodged after one month of the alleged incident. There was no intention or motive on the part of the applicant to commit murder. The applicant has no criminal history and is in jail since 23.9.2010.

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering 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 Dhan Devi involved in Case Crime No. 739 of 2010 under sections 304 IPC Police Station Bilsanda, District Pilibhit 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.