Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48281 of 2019 Applicant :- Subhash Chandra Madeshiya Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased in the year 2004. There are three children from the wedlock of the applicant and the deceased. The eldest son of the applicant is aged about 11 years. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. The applicant has not compelled the deceased to commit suicide. The deceased was suffering from Psychiatry. Her treatment was going on since 2011 by several doctors of several districts as Gorakhpur, Basti and Lucknow. The applicant has a business of pesticide and due to mistake the deceased has eaten some pesticide consequently she died. The applicant has mot committed the alleged offence. There is no cogent evidence with regard to abetment against the applicant. The applicant is aged about 53 years and also suffering from Psychiatry as such no question arises to give sulphas to the deceased. In the postmortem report, the cause of death could not be ascertained, therefore, viscera was preserved. There is no viscera report on record. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 15.6.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Subhash Chandra Madeshiya involved in Case Crime No.120 of 2019, under Section 498-A, 306 IPC Police Station Purani Basti District Basti be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019/Gss