HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15798 of 2010 Petitioner :- Narendra Kumar Agarwal Respondent :- State Of U.P. Petitioner Counsel :- B.P.Verma,Durga Singh,N.M.Sharma Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It is contended by the learned counsel for the applicant that the applicant is in Jail since 26.10.2009 and in the FIR main allegation is against mother-in-law, father-in-law, Jeth and Jethai of the deceased and there is no allegation against the applicant and other co-accused have been allowed bail by this Court. It is further contended that the applicant himself had given information and in the inquest report presence of Pawan Agrawal who is brother of the deceased has been shown and he was Panch witness. Lastly, it is contended that no internal injury was found in the post mortem report.
Learned A.G.A. contended that the applicant is husband of the deceased and there is allegation that the deceased was burnt after pouring kerosene oil. In the FIR allegation has not been made against the applicant and allegations have been made against the co-accused who have been allowed bail by this Court.
The applicant is in Jail since 26.10.2009. Pawan Agrawal brother of the deceased himself was present at the inquest but he did not make any allegation against the applicant. The applicant has no criminal history.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Let the applicant Narendra Kumar Agarwal involved in Case Crime No. 1021 of 2009 under Sections 498-A, 304-B IPC & Section 3/4 D.P.Act, Police Station Kotwali, District Mathura be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 8.3.2011 SU.