- (1.) SHIV Shanker, J. Heard learned Counsel for the applicant, learned A. G. A and perused the record.
(2.) LEARNED Counsel for the applicant submitted that the FIR was lodged on 24. 4. 2008 at 21. 10 P. M. regarding occur rence dated 24. 4. 2008 at about 8. 00 P. M by Sri Prem Pal Singh against the present applicant Prem Pal Sharma. It has been alleged in the FIR that deceased Smt. Kushma Devi wife of the present applicant was having illegal rela tionship with one Mool Chandra son of Natthi Lal, resident of village Dhandariya, Police Station Ijlash. The applicant was living in his house in Dewanagar By Pass, Police Station Banna Devi, Aligarh which was situated near the house of the infor mant. On 24. 4. 2008 the applicant had sold his house with the consideration of Rs. 85, 000/ -. Thereafter, he had loaded his goods in the Buggi at about 6. 00 P. M. for going to his village Barautha but the de ceased Smt. Kushma Devi who was the wife of the applicant had refused to go with him to his village Barautha due to il legal relationship with Mool Chandra. She has further stated that she will live with Mool Chandra and she could not go any where after leaving him upon which the applicant took Gadasa from the said Buggi and assaulted and inflicted Gadasa injury, at about 8 P. M on the body of the deceased who had died there due to sustaining the injury. Therefore, there was no intention to commit the murder of the deceased who was the wife of the applicant. She has re fused to go with him without leaving his paramour Mool Chandra. Therefore, he assaulted and inflicted injury on her body. In such circumstances, it is a case of sud den provocation.
(3.) IT is further contended that the in formant and other witnesses have also filed an affidavit which is not supported with the prosecution case at this stage. Such af fidavit cannot be considered. But it is a case of sudden provocation. After considering the facts and circumstances of the case and the submis sions made on behalf of learned Counsel for both the parties, the bail application of the present applicant is allowed.;