03.08.2017 Heard learned counsel for the petitioner and the learned Additional Standing Counsel f
or the State on the application under section 439 Cr.P.C. for release of the petitioner on bai
l who allegedly involved for the offence under Sections 498(A)/306/34 of IPC.
Learned counsel for the petitioner submits that the deceased committed suicide as the
daughter born to the present petitioner and the deceased who was ailing due to cardiac disease
. He further submits that after 14 years of marriage, the deceased committed suicide only for
the said reason as she could not tolerate the illness of the daughter who is being treated at
AIIMS, Delhi. The petitioner, who is in custody, is not able to take care of his daughter for
better treatment. He further submits that the petitioner has been falsely implicated in this
case alleging about the dowry torture and in the meantime charge sheet has been submitted, for
which lenient view may be taken to release the petitioner on bail on any condition as deemed
just and proper. Learned Additional Standing Counsel opposes the prayer for bail.
Considering the submissions of learned counsel for the respective parties, regard being
had to the facts and circumstances of the case including the post mortem report and chemical
examination report showing death of the deceased by taking poison and there hardly is any mat
erial to show complicity of the petitioner with the commission of offence, fact that the daugh
ter born to the petitioner and the deceased is requiring further treatment at AIIMS, Delhi, f
act that charge sheet in this case has been filed and fact that the petitioner being a local p
erson there is no chance of his absconding or influencing the witnesses, let the petitioner b
e released on bail on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two so
lvent sureties each
