Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is husband. There was no allegation of demand of dowry or torture in the statement of independent witness. However, on the basis of false allegation First Information Report was lodged. In fact, wife of the applicant has committed suicide. According to independent witness, door was closed from inside and she herself committed suicide by hanging herself. After breaking the door, body was taken out side from the room. There was allegation that she was being tortured as applicant had illicit relation with other women. Earlier first F.I.R. was lodged under Section 498A, 304B I.P.C. And ¾ D.P.Act. Howecver, after investigation case was converted under section 306 I.P.C. In view of the facts, no offence is made out, there was no complaint by the deceased. However, the applicant is in jail since 11.12.2009.
Considering the facts, without expressing any opinion on merits of the case, let the applicant namely, Ghansu @ Achal Singh be released on bail in Case Crime No. 313 of 2009, under section 306 I.P.C., P.S. Jagner, District Agra on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 24.6.2010 S.A.A.Rizvi