Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48677 of 2017 Applicant :- Kamal Singh Bhadauria Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Chandra Srivastava,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Saqib Meezan, learned AGA for the State.
This is an application for bail on behalf of Kamal Singh Bhadauria in Case Crime No.70 of 2017, under Section 306 IPC, P.S. Khera Rathor, District Agra.
The submission of the learned counsel for the applicant is that a misconceived, absurd and false first information report dated 23.08.2017 was lodged by the uncle (father's brother) of the deceased Soni who was married to the applicant in the year 2005 alleging that the deceased had been done to death by her in-laws numbering seven by stringing her up to a ceiling fan; that the FIR aforesaid bearing case crime no. 70 of 2017, under Sections 147, 302, 498A, 323, 352 IPC, P.S. Khera Rathor, District Agra, after investigation was converted to one under Section 306 IPC; that the aforesaid conversion came about as a result of a statement of the two sons of parties besides other independent witnesses; that the statements of the two sons of the parties, to wit, Radhey and Krishna both sons of Kamal Singh Bhadauriya are annexed as Annexure-7 to the affidavit, wherein it has been categorically said that the family went to bed in very usual circumstances where Radhey, younger son of six years was sleeping by his mother's side; that in the evening the deceased, that is to say, the applicant's wife had asked the applicant to procure her medicines which the applicant said he would on the following day; that the son has clearly stated in his statement under reference that when he got up in the morning having left his mother asleep in the night, he found her hanging by the ceiling fan, whereupon he awakened the elder brother of his father and his father, who immediately relieved his mother but by that time she had passed away; that in the submission of the learned counsel for the applicant the statements of the two sons of the parties who are the most important witnesses, one six years old and other aged eight years, besides other evidence on record that both the husband and wife met an accident a year preceding the suicide committed by the applicant's wife on which account both husband and wife were undergoing medical treatment for their injuries which kept the deceased distressed and depressed and somehow driven her to commit suicide in the night while everyone was asleep as said by the sons of the parties all go to exculpate the applicant; that the FIR lodged against the applicant and the case found by the police on conversion to be one under section 306 IPC carries absolutely no evidence of abetment on the applicant's part.
Learned AGA has opposed the prayer for bail with the submission that it is a case where the husband is answerable as the wife has died an unnatural death in the matrimonial home and further that after investigation police has found his complicity in an offence punishable under Section 306 IPC.
Considering the overall facts and circumstances of the case, the nature of allegation, the gravity of the charge, the evidence appearing in the case, in particular, the statements of two sons of the parties and other independent witnesses but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Kamal Singh Bhadauria 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 :- 23.2.2018/Imroz