Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 434 of 2009, under Section 304 I.P.C., Police Station Kharkhauda, District Meerut.
It is contended by the learned counsel for the applicant that the FIR was lodged on the order passed by Magistrate under section 156(3) Cr.P.C. after one month of the occurrence. The deceased was got admitted in the hospital by one of the co-accused. It is further contended that the applicant has been falsely implicated in the case.
Learned A.G.A. contended that the deceased was taken away by the applicant and other co-accused and thereafter he had died. The viscera of the deceased has been preserved.
The deceased was got admitted in the hospital by one of the co-accused. The viscera has been preserved.The applicant has no criminal history and is in jail since 9.12.2009.
It has been further argued by learned counsel for the applicant that co-accused Santosh Giri has been enlarged on bail by another Bench of this Court on 24.5.2010 in Criminal Misc. Bail Application No. 13118 of 2010, photo copy of which has been produced before this Court which is being taken on record.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail. Let the applicant Udai Giri involved in case crime no. 434 of 2009, under Section 304 I.P.C., Police Station Kharkhauda, District Meerut be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 15.6.2010 Sandeep