Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29759 of 2017 Applicant :- Shiv Charan Maurya Opposite Party :- State Of U.P. Counsel for Applicant :- Alka Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Ms. Alka Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.75 of 2016, under Sections 498-A, 306 IPC, Police Station Charwa, District Kaushambi, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that he is the husband of the deceased. His marriage was solemnized with the deceased about eleven years back. It is argued that on account of matrimonial discord and differences between the applicant and deceased, she committed suicide by hanging. There is no evidence of any abetment by the applicant which prompted the deceased to commit suicide. It next argued that as usually between the husband and wife on account of some heated discussions, the deceased took extreme step and committed suicide. It is submitted by learned counsel for the applicant that the applicant is in jail since 11.5.2016 having no criminal antecedent.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Shiv Charan Maurya, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(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.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.4.2018 Hasnain