VIJAY KUMAR VERMA, J. - (1.) BY means of these bail applications under section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), prayer for bail has been made on behalf of the accused-applicants Km. Mamta, Surendra Agarwal and Smt. Manju, in case crime No. 83 of 2009, under sections 302/201/147/34 IPC, P.S. Nauchandi, District Meerut.
(2.) AN FIR was lodged on 14.02.2009 at 5.30 p.m. by Pradeep Kumar Gupta (father of deceased Kishan), at P.S. Nauchandi, District Meerut, where a case under sections 147, 302/34 IPC was registered at crime No. 83 of 2009. The allegations made in the FIR (Annexure-1), in brief, are that on 14.02.2009 at about 10.00 a.m., Monu s/o Surendra Agarwal and Surendra Agarwal s/o Gangamal, r/o A-23 Vaishali Colony, Garh Road, Meerut along with one unknown person came at house No. 425 of the complainant, situated in Mahaveer Ji Nagar, within the limits of P.S. T.P. Nagar, Meerut and they carried his son Kishan saying that there is some urgent work with him. It is further alleged in the FIR that at about 4.00 p.m., the police of P.S. Nauchandi, Meerut by making telephone call asked the complainant to reach at house No. A-23, Vaishali Colony Meerut immediately and when the complainant reached there, he saw that the dead body of his son Kishan was lying inside the house. After registration of the case at P.S. Nauchandi, Meerut, inquest proceedings of the dead body was conducted and thereafter the dead body was sent for post-mortem examination to the mortuary. The post-mortem examination of the dead body was conducted by the order of District Magistrate Meerut by the pannel of Dr. V.P. Singh, Dr. Satish Kumar and Dr. N.P. Singh on 14.02.2009 in the night in artificial light at 11.40 p.m. The cause of death could not be ascertained and hence the viscera was preserved, which was sent for chemical examination to the Forensic Science Laboratory Agra. According to the report of Forensic Science Laboratory (Annexure-C.A.-1 to the supplementary counter affidavit), Ethyl Alcohol poison was found in part-1 to 5 of the viscera, but any other kind of poison was not found in any part of the viscera.
(3.) I have heard arguments at length of Sri V.P. Srivastava, learned senior counsel assisted by Sri Lov Srivastava appearing on behalf of the applicants, AGA Sri J. P. Singh for the State and Sri Devendra Singh Advocate, appearing for the complainant and perused the entire material on record carefully.;