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Judgment
11 paragraphs · 317 wordsRavindra Maithani, J
Applicant is in judicial custody in Case Crime No. 936 of 2023, under Section 302, 201, 34 IPC, Police Station Kotwali Laksar, District Haridwar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
The deceased has visited matrimonial home of his daughter. When he did not return, a search was made. It was revealed that in the night of 31.10.2023, the deceased was abusing his family members, his son the applicant and others, due to which, they killed him.
Learned counsel for the applicant would submit that the entire case is based on circumstantial evidence. The dead body has yet not been identified. As such, there is no forensic report. The circumstances are not such that it may conclusively indicate that it is the applicant, who has committed murder. The applicant is in custody from a long.
Learned State counsel would submit that the witnesses have stated that in the night of 31.10.2023, the deceased had a fight in his daughter’s matrimonial home and when he started abusing, he was taken away from the matrimonial home of his daughter and on the way, the fight ensued, in which, he was killed by the applicant and others.
It is stated that, in fact, the allegations are against the husband and father-in-law of the daughter of the deceased also.
It is argued that the father-in-law and husband of the daughter of the deceased have already been granted bail.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
