Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8061 of 2018 Applicant :- Smt. Kanchan Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Smt. Kanchan Vishwakarma in connection with Case Crime No. 489 of 2016 under Section 306 IPC, P.S. Shahpur, District Gorakhpur.
Heard Sri Sudhir Kumar Tripathi, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission is that the applicant is the wife of the deceased Ashwani; that their marriage was solemnized in the month of November, 2013; that parties were blessed with a child; that the prosecution has alleged that after an initial phase of good relationship between the parties, the husband was harassed by his in-laws, that is to say, the applicant & her family on account of which the deceased committed suicide on 14.8.2016; that the cause of death in the post-mortem report could not be ascertained and viscera have been preserved; that the applicant's husband Ashwani was given to alcohol that lead to frequent quarrel with the applicant; that the applicant reported the matter to Mahila Thana on 13.8.2016 and in order to bring about a compromise the next date was fixed on 1.9.2016; that on 14.8.2016, the applicant's husband again indulged himself in Alcohol and committed suicide on that date leaving a suicide note also dated 14.8.2016; that the prosecution case against the applicant is that after a compromise on 13.8.2016 in the court where proceeding under the Domestic Violence Act were filed at the instance of the applicant, the wife taunted her husband that upset him so much that he committed suicide; that the learned counsel for the applicant has invited the attention of the court to paragraph 11 of the affidavit and the statement of witnesses which have been annexed as Annexure 1 to 6 to the affidavit; that it is submitted that the deceased was jobless and had a child on account of which he would stay anxious and physiologically under stress that led him to commit suicide; that it has been emphasized by the learned counsel for the applicant that on 13.8.2016 a compromise had taken place at the Mahila Thana to take back his wife to the matrimonial home all of which distressed the deceased so much that coming back he committed suicide; that it is emphatically said that whatever has happened between the applicant here, her husband and his in- laws is a matter of routine quarrel-arough patch in the matrimonial life and does not qualify as instigation, aid or conspiracy so as to attract the provisions of Section 306 IPC; and, that the applicant is a respectable woman who is in jail since 10.1.2018.
Learned AGA has opposed the plea for bail with the submission that the police after investigation have collected credible evidence indicating the applicant's complicity but no tangible evidence of abetment by way of instigation, aid or otherwise could be pointed out by the learned AGA at this stage.
Considering the overall facts and circumstance, the nature of allegation, the gravity of offence, the fact that the entire dispute is between the applicant and her husband on the one hand and her in-laws on the other, where applicant's husband due to his perception of matters and psychological outlook took the extreme step but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
It is made clear that anything said here will not affect the right of the parties or prejudice their case at the time of trial.
Let the applicant Smt. Kanchan Vishwakarma involved in Case Crime No. 489 of 2016 under Section 306 IPC, P.S. Shahpur, District Gorakhpur be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing 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, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.2.2018 Deepak