Parcha filed by Mr. P. C. Shukla, Advocate, on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that the marriage of applicant with deceased was solemnized in the year 2001 and accidentally wife of the applicant caught fired. As soon as the applicant came to know he tried to save her. He also received burn injuries. Admittedly applicant communicated on telephone to parents of the deceased. Merely on the basis of apprehension first information report was lodged even in the FIR there was no allegation of torture. Subsequently, after investigation charge-sheet was submitted under Section 306 IPC. The prayer for bail of co-accused Gole has already been allowed on 21.6.2010 in Crl. Misc. Bail Application No.15507 of 2010 by this Court. Hence applicant is entitled for bail. He further submits that applicant will not misuse the liberty of bail if he is released on bail. In the present case, the applicant is in jail since 15.4.2010.
Learned counsel for the complainant as well as learned AGA opposed the aforesaid prayer on the ground that it appears that she was burnt to death and subsequently, in defence the concocted story was made that applicant tried to save her. There was no injury on the palm. In fact she was tortured by the applicant since there was no issue and applicant wants to re-marry, hence he is not entitled for bail. In view of the above, without expressing any opinion on merit, let the applicant Vimal Kant Chaturvedi be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned in Case Crime No.14 of 2010, under Sections 306 IPC, P.S. Sahail, District Aouraia.
Order Date :- 23.6.2010 Pramod