Ravindra Singh, J. - (1.) This bail application has been filed by the applicant Raj Kumar Sharma alias Raju with a prayer that he may be released on bail in case crime No. 241 of 2005, under Sections 302 I.P.C., P.S. Babugarh, district Ghaziabad.
(2.) The prosecution story, in brief, is that in the present case the F.I.R. of this case has been lodged by one Ram Kishor Sharma at P.S. Babugarh, district Ghaziabad on 29.11.2005 at 6.25 p.m. in respect of the incident which had occurred on 22.11.2005 at about 9.00 p.m. The F.I.R. was lodged against the applicant and co-accused Meenaxi Sharma alias Mahesh Sharma. It is alleged that the deceased Nootan alias Sarla was married with the applicant about 14 or 15 years ago. The deceased was mother of 4 children. She was living along with her children in a rented house. The applicant had developed illicit relations with co-accused Meenaxi Sharma alias Mahesh Sharma w/o Umesh Kumar Sharma. The deceased was making objection , therefore, the applicant was usually beating her. The applicant was persuaded not to beat her, but he was not agreed. On 22.11.2005 at about 9.00 p.m. the applicant and co-accused Meenaxi Sharma alias Mahesh Sharma committed the murder of the deceased by way of throttling her neck and administering the poison. The first informant got a telephonic information from his younger brother in respect of the murder of the deceased. On that information the first informant and others reached at the place of the occurrence in the morning of 23.11.2005. The information was given tonthe police, the inquest was prepared and the post mortem was conducted. According to post mortem examination report dated 24.11.2005 the cause of death was throttling yet viscera was preserved. Thereafter, the F.I.R. was lodged by the first informant.
(3.) Heard Sri Dharmendra Singhal learned Counsel for the applicant , learned A.G.A. and Sri Kamlesh Shukla learned Counsel for the complainant.;