Heard the learned counsel for the applicant and learned A.G.A. for the State as well as perused the documents available on the record.
The accused-applicant Ramji Nigam is involved and detained in Case Crime No. 118 of 2010, under Sections 498-A, 306 I.P.C., from Police Station Hasanganj, District Lucknow and he has applied for bail.
The submission of the learned counsel for the accused applicant is that although the accused applicant is husband of the deceased but from a perusal of the statement of the mother of the deceased recorded by the Investigating Officer under Section 161 Cr.P.C., it appears that the deceased was short tempered lady. On the date of occurrence, there had been some altercation between the accused applicant and the deceased and consequently, she herself had committed suicide. She did not commit suicide on account of any harassment or torture. Therefore, it is not a case under Section 306 I.P.C. Therefore, the accused applicant deserves to be released on bail.
Learned A.G.A. opposed the bail application of the accused applicant.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Ramji Nigam be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
22.06.2010 Sanjay/-