Prem Pal Sharma vs State of U.P.

Shiv Shanker, J.—Heard learned Counsel for the applicant, learned A.G.A. and perused the record.

Learned Counsel for the applicant submitted that the F.I.R. was lodged on 24.4.2008 at 21.10 p.m. regarding occurrence dated 24.4.2008 at about 8.00 p.m. by Sri Prem Pal Singh against the present applicant Prem Pal Sharma.

It has been alleged in the F.I.R. that deceased Smt. Kushma Devi wife of the present applicant was having illegal relationship with one Mool Chandra son of Natthi Lal, resident of village Dhandariya, Police Station Ijlash. The applicant was living in his house in Dewanagar By Pass, Police Station Banna Devi, Aligarh which was situated near the house of the informant. On 24.4.2008, the applicant had sold his house with the consideration of Rs. 85,000. Thereafter, he had loaded his goods in the Buggi at about 6.00 p.m. for going to his village Barautha but the deceased Smt. Kushma Devi who was the wife of the applicant had refused to go with him to his village Barautha due to illegal relationship with Mool Chandra. She has further stated that she will live with Mool Chandra and she could not go anywhere after leaving him upon which the applicant took gadasa from the said Buggi and assaulted and inflicted gadasa injury, at about 8 p.m. on the body of the deceased who had died there due to sustaining the injury.

Therefore, there was no intention to commit the murder of the deceased who was the wife of the applicant. She has refused to go with him without leaving his paramour Mool Chandra. Therefore, he assaulted and inflicted injury on her body. In such circumstances, it is a case of sudden provocation.

It is further contended that the informant and other witnesses have also filed an affidavit which is not supported with the prosecution case at this stage. Such affidavit cannot be considered. But it is a case of sudden provocation.

After considering the facts and circumstances of the case and the submissions made on behalf of learned Counsel for both the parties, the bail application of the present applicant is allowed.

Let applicant Prem Pal Sharma, involved in Case Crime No. 207 of 2008, u/s 304, I.P.C., Police Station Banna Devi, District Aligarh 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 as subject to the following conditions:

The applicant shall not tamper with prosecution evidence by intimidating first informant and other witnesses.

He shall co-operate with investigation and speedy trial.

He shall not indulge in criminal activities or commission of any offence after being released on bail and he shall appear at the concerned police station in the first week of every two months.