MAMTA Vs. STATE OF U.P.

JUDGEMENT

(1.) BY means of these bail applications under section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), prayer for bail has been made on behalf of the accused-applicants Km. Mamta, Surendra Agarwal and Smt. Manju, in case crime No. 83 of 2009, under sections 302/201/147/34 IPC, P.S. Nauchandi, District Meerut.

(2.) AN FIR was lodged on 14.02.2009 at 5.30 p.m. by Pradeep Kumar Gupta (father of deceased Kishan), at P.S. Nauchandi, District Meerut, where a case under sections 147, 302/34 IPC was registered at crime No. 83 of 2009. The allegations made in the FIR (Annexure-1), in brief, are that on 14.02.2009 at about 10.00 a.m., Monu s/o Surendra Agarwal and Surendra Agarwal s/o Gangamal, r/o A-23 Vaishali Colony, Garh Road, Meerut along with one unknown person came at house No. 425 of the complainant, situated in Mahaveer Ji Nagar, within the limits of P.S. T.P. Nagar, Meerut and they carried his son Kishan saying that there is some urgent work with him. It is further alleged in the FIR that at about 4.00 p.m., the police of P.S. Nauchandi, Meerut by making telephone call asked the complainant to reach at house No. A-23, Vaishali Colony Meerut immediately and when the complainant reached there, he saw that the dead body of his son Kishan was lying inside the house.

(3.) I have heard arguments at length of Sri V.P. Srivastava, learned senior counsel assisted by Sri Lov Srivastava appearing on behalf of the applicants, AGA Sri J. P. Singh for the State and Sri Devendra Singh Advocate, appearing for the complainant and perused the entire material on record carefully.