AMIT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) APPLICATION for filing correct typed copy of post mortem report is allowed as also an affidavit is taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.348 of 2008, under Sections 498-A, 302 I.P.C., Police Station Satrikh, District Barabanki. As against the complicity of the applicant it is submitted that there are general allegation that often the family members used to beat the deceased. Learned A.G.A. points out that the cause of death is ante- mortem strangulation. There are some ante mortem injuries also. It is said that out of the wedlock there are two children and in para 13 it has been clearly averred that some scuffle took place between the husband and wife which has not been specifically denied in the counter affidavit. Mere a simple denial has been made. He is said to be in jail for the last more than three months. There is no criminal history against him. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case, I find it to be a fit case for granting bail. Let the applicant (Amit Singh) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.