High Courts(2008) 12 AHC CK 0256

Rakesh vs State

Allahabad High Court · Decided on 2 December 2008

HON’BLE JUDGES
Barkat Ali Zaidi, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 31417 of 2008

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Judgment

6 paragraphs · 226 words

Barkat Ali Zaidi, J.—The applicantaccused is charged under section 302 Indian Penal Code. He has come for bail here.

2.

Heard Sri Jawaid Habib, Advocate for the applicant and Addl. Government Advocate for the State.

3.

The deceased Pan Singh aged 48 year was killed in a guava grove, the crop whereof he had purchased, in the day in village Mausampur Police Station Atrauli, Aligarh. No one was named in the First Information Report lodged by the brother of the deceased. In the subsequent F.I.R. lodged ten days thereafter, it was suggested that the accusedapplicant suspected illicit relations between the deceased and his wife and that is why he was killed. The other two accused in the case besides the applicant husband are the father of the lady and another paramour.

4.

The three accused present a very strange and unusual combination. Besides it has to be noticed that the accused and in fact, no one was named in the F.I.R. We would refrain from making further comments on the facts and circumstances of the case lest it may prejudice the trial; but in the circumstances, we feel bail should not be refused.

5.

The applicant be released on bail on his furnishing a personal bond of Rs. 20,000/ with two sureties in the like amount to the satisfaction of Chief Judicial Magistrate Aligarh.

Application Allowed.