Vijay Kumar Verma - (1.) HEARD Sri Anoop Trivedi, advocate appearing for the applicant, Sri Sudhir Kumar Agarwal, counsel for the complainant and A.G.A., for the State and perused the record.
(2.) THE applicant Bhagat Singh is the father-in-law of deceased Smt. Dayawati, whose murder has been committed within seven years of her marriage in the house of the applicant. An F.I.R. was lodged on 23.6.2008 by Sri Bachchu Singh, maternal uncle of the deceased at P. S. Sadar Bazar, Mathura, where a case under Sections 498A and 304B, I.P.C. and Section 3/4 of D. P. Act was registered against Sanju (husband), Bhagat Singh (applicant herein) and Smt. Laxmi Devi (mother-in-law). The allegations made in the F.I.R. are that the accused persons were causing harassment of deceased Dayawati making demand of dowry and they had committed her murder on 23.4.2008 by shooting her. The main submission made by learned counsel for the applicant is that specific role of committing murder of deceased has been assigned to co-accused Sanjay in the statement of his wife Darshana, who has been examined as P.W. 2 in S.T. No. 846 of 2008 in the Court of Addl. Sessions Judge, Court No. 2, Mathura and hence, the applicant is entitled to be released on bail on this ground, because he did not commit the murder of deceased.
(3.) NEXT submission made by learned counsel is that the co-accused Smt. Laxmi Devi (mother-in-law) has been granted bail by another Bench of this Court vide order dated 5.3.2008, passed in Bail Application No. 34124 of 2008 and hence, on the principle of parity, the applicant also deserves bail. It is also submitted by learned counsel that at the time of incident of murder of deceased, the applicant was busy in getting the sale deed executed in Sub-Registrar Office and he was not present in his house. It is also submitted that at the most offence under Section 498A of I.P.C. would be made out against the applicant and he is not liable for the murder of deceased, because her murder was committed by Sanjay.;