DEVRAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed today is taken on record. Heard the learned counsel for the applicants, learned A.G.A. and perused record. The applicants are involved in Case Crime No.C-1234 of 2008, under Sections 342, 394, 304 I.P.C., Police Station Kotwali Lakhimpur, District Kheri. As against the genuineness of the prosecution case, it is submitted that the wife of the deceased herself gave an information in writing at the police station saying that for the last 14 days her ailing husband was being treated upon, but ultimately he died on 01.08.2008. Then after a gap of about two months an application under Section 156 (3) Cr.P.C. was moved by the same lady saying that her husband was severely beaten by the applicant and his companions due to which he suffered from several injuries and ultimately died. There is also no plausible explanation for such an inordinate delay. Co-accused Smt. Maya Devi @ Panditain and Khunnu @ Deshraj @ Ram Kishore having similar allegations against them, have already been enlarged on bail by this Court's order dated 19.03.2009 (Annexure SA-1). They are said to be in jail from 27.11.2008. It is claimed that there is no criminal history against them. 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 and particularly having regard to the ground of parity, I find it to be a fit case for granting bail. Let the applicants (Devraj Singh and Chhotey @ Mangrey) be enlarged on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned.