In a bail application under Sections 302/34 and 404 of IPC, the court found that a case for bail was made out due to parity and attenuating circumstances, granting release against personal bond and two sureties.
Bail granted against execution of personal bond and furnishing two reliable sureties.
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BA1 No. 389 of 2015 Hon’ble U.C.Dhyani, J.
Mr. Suhail Ahamed Siddiqui, Advocate, present for the applicant. Mr. Raman Kumar Shah, learned Deputy Advocate General, assisted by Mr. K.S.Rawal, Brief Holder, present for the State.
Applicant Saurabh, who is in jail in connection with Session Trial No. 112 of 2014, State vs. Madhu, arising out of FIR No.104 of 2014, under Sections 302/34 and 404 of IPC, PS Rudrapur, District Udham Singh Nagar, has sought his release on bail.
Heard learned counsel for the parties, perused the material on record and considered the grounds taken in the bail application.
It is alleged in the FIR that the applicant had illicit relations with Madhu (named accused) and, therefore, they, in association with two others, strangulated Madhu’s husband to death. FIR was lodged by the neighbour of the deceased. Other coaccused, but for the applicant have been directed to be enlarged on bail vide orders dated 11.11.2014 and 18.11.2014.
Considering the totality of the facts and attenuating circumstances, a case of bail is made out in favour of the applicant on the ground of parity.
Accordingly, let the applicant be enlarged on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar.
(U.C.Dhyani, J.) 23.04.2015
Kaushal
2 issues framed by the court
Whether a case of bail is made out in favour of the applicant on grounds of parity and attenuating circumstances in a murder case.
Whether the applicant can be enlarged on bail by furnishing tenders of reliable sureties.
2 provisions across 2 enactments
Saurabh
State
U.C.Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
