Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has contended that mother in law of the deceased has already been allowed bail by this court and the applicant is father in law and his case stands on same footing. The applicant is in jail since19.2.2009.
Learned A.G.A. has contended that there is dying declaration of the deceased.
Initially case was registered under section 498A and 326 IPC and 3/4 D.P. Act, thereafter it was converted under section 304 and 304B IPC. Mother in law has already been allowed bail by this court and case of the applicant stands on same footing.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering 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 Sansar alias Shamshad involved in case crime no. 1652 of 2008, under section 326, 304, 304B, 498A IPC and 3/4 D.P. Act, P.S. Kotwali, District Budaun 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 :- 10.5.2010 Masarrat