In this Criminal Miscellaneous Bail Application, the applicant, husband of the deceased who committed suicide, applied for bail for abetment to suicide. The court rejected arguments against bail and granted release on bail with conditions.
The applicant is released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53003 of 2019
Applicant :- Rajkaran Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dwivedi Counsel for Opposite Party :- G.A.,Sandeep Kumar
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is husband of the deceased. The marriage of the applicant was solemnized on 26.6.2011 with the deceased. After marriage no child was born to the deceased therefore, she was living in depression and committed suicide by hanging herself on 12.6.2019 after 8 years of her marriage. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. In the postmortem report, the cause of death of the deceased has been shown asphyxia as a result of ante mortem hanging. Except the ligature mark no other injury has been found on the body of the deceased. The applicant has neither committed marpit nor compelled the deceased to commit suicide. There is no cogent evidence with regard to abetmemnt against the applicant. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 21.8.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the first information report has been lodged under section 498-A and 302 I.P.C. During investigation the case was converted under section 306 I.P.C. The applicant has not provided any medical treatment to the deceased for a child. It has been further submitted that the applicant has committed the alleged offence, therefore, he is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Rajkaran involved in Case Crime No. 146 of 2019, under Section 306 IPC and Police Station Khakheru District Fatehpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 9.12.2019 Gss
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving charge under Section 306 IPC.
Whether the conditions for grant of bail are satisfied in this case.
1 provisions across 1 enactments
Rajkaran
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
