- (1.) HEARD Sri V.P. Srivastava, senior advocate assisted by Sri J.P. Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
(2.) LEARNED counsel for the applicant submitted that this case is a glaring example of exercise of right of private defense. On 14.10.2011, the deceased Dinkar @ Bharat Bhushan, accompanied by two other persons, came to the house of the applicant and shot Sugam, the son of the applicant, dead. The wife of the applicant caught hold of Dinkar. She was also fired at and got injured. FIR was lodged by the applicant against Dinkar same day at 7:45 P.M. at P.S. Sidhpura, District Kanshi Ram Nagar, which was registered at crime no.403 of 2011 under sections 302, 307 IPC. Subsequently, Dinkar died and father of Dinkar, the present first informant - Urti, lodged instant FIR after 6 days on 20.10.2011 virtually admitting all the facts in the same. As per the FIR, Dinkar had love affair with the daughter of the applicant. He went to the house of the applicant to bring daughter of the applicant with him. There was an altercation. Dinkar fired causing gunshot injury to the son of the applicant. The applicant also fired causing injuries to Dinkar. Dinkar also fired at the wife of the applicant causing injuries. Learned A.G.A. opposed the prayer for bail. The incident took place at the house of the applicant. The deceased Dinkar wanted to entice away the daughter of the applicant. In the altercation that ensued, son of the applicant was shot dead and wife of the applicant was seriously injured by Dinkar (the deceased). A prima facie case of right to private defense is made out and applicant is entitled to bail. ? In view of the above and without expressing any opinion on the merits of the case, let applicant Ashok Kumar, involved in case crime no.403-A of 2011 under Section 302 I.P.C. pertaining to Police Station Sidhpura, District Kanshiram Nagar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned and also subject to the following conditions : (a) The applicant shall attend the court according to the conditions of the bond executed by him ; and (b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ;