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Pawan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 259 of 2006  RD-AH 691 (10 January 2006)
Court No. 19
Crl. Misc. Bail Application No.259 of 2006
Pawan.....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.
The applicant is involved in case crime No. 410 of 2005, for the offence under Section 302 I.P.C., Police Station Vijay Nagar, district Ghaziabad.
It is alleged that complainant's daughter Raj Bala ( deceased ) was married to Udai Ram about 20 years before. During the course of time Udai Ram developed illicit relation with one Kamlesh ( non applicant). There was some dispute between all of them due to this relationship. In the meantime complainant's daughter adopted her sister's daughter Rati, due to which her husband Udai Ram, his concubine Kamlesh and her brother Pawan (applicant) became angry. On 4.7.2005 when complainant's son and his elder brother ( Deepak and Made Ram ) went from Delhi to the residence of the deceased situated in Ghaziabad in the morning they saw the accused persons coming out of the house and on entering the house they saw the dead body of the deceased. One axe is also said to has been recovered on the pointing out of Kamlesh ( non applicant). In the post mortem 7 incised wounds and one multiple contusion were found on the body of the deceased and according to the doctor's opinion the death was caused due to ante mortem injuries.
Against the genuineness of the prosecution case and involvement of the accused, it was pointed out that the co accused Udai Ram, husband of the deceased against whom there are similar allegations and similar evidence, has already been enlarged on bail vide order dated 9.12.2005 passed in Crl. Misc. Bail Application No. 22508 of 2005. It was emphasized that on this round alone the applicant should also be enlarged on bail. The alleged recovery of axe is said to have been made at the pointing out of non applicant Kamlesh and not the present applicant. The entire case is based on circumstantial evidence.
The bail was, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above significantly the case being base on circumstantial evidence and the co-accused Udai Ram ( husband of the deceased ) having been enlarged on bail by this Court against whom there is similar allegation and similar evidence, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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