Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7731 of 2018 Applicant :- Balram Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Balram Singh in Case Crime No.0863 of 2017, under Section 306 I.P.C, P.S. Barra, District Kanpur Nagar.
Heard Sri Sudhir Kumar Srivastava, learned counsel for the applicant and Sri Kamal Singh Yadav alongwith Sri Vivek Dubey, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is that the applicant has been charged under Section 306 IPC on account of the fact alone that he is the husband; that initially the First Information Report was lodged under Sections 498A, 304B IPC and 3/4 D.P. Act, the marriage being just two years old; that however, after the investigation the police have converted the case into one under Section 306 IPC; that the deceased was unwell for a considerable period of time and while she lived with the applicant she was treated for her psychiatric ailment at King George's Medical University, U.P., Lucknow and also Kanpur Nagar in regard thereto documents have been annexed collectively as Annexure-2 to the affidavit; that the deceased was living away from the applicant with her parents for the past one year, a fact not denied by the prosecution so much so that in the FIR also it has come that the deceased committed suicide by hanging herself to death on 18.11.2017 while she was at her parents' place; that in the submission of the learned counsel for the applicant it was the responsibility of the parents to take care of their daughter who was living with them and to prevent her from taking any extreme step endangering her life which appears to have not been done either on account of neglect or some other laxity; that in any case, the applicant is not at all responsible for the suicide committed by his wife while staying with her parents since a long period of time, particularly, in the background of her psychiatric ailment.
Learned AGA has opposed the bail plea with the submission that it is a case of unnatural death of a wife within seven years of marriage with a background of dowry demand. However, the learned AGA does not dispute the fact that for a considerable period of time and at that time of death the deceased was living with her parents and she committed suicide at her parents' house by hanging herself to death.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, and, in particular, the fact that the deceased committed suicide at her parents' place where she was staying over a considerable period of time but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Balram Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.2.2018 Shahroz