Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19653 of 2009 Petitioner :- Bibesh Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Kumar Dubey Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
Learned counsel for the applicant submitted that the applicant is
husband of the deceased. It was love marriage. The informant and
other family members were not happy with this marriage, hence they
have no good relation with the applicant and his family members
including the deceased though she was residing in front of their house.
After the incident on 12.6.2009 in which the deceased, wife of the
applicant committed suicide the family members of the informant
reached there. According to the First Information Report itself there
was allegation that she was assaulted and burnt to death by entire family
of the applicant. However, in his statement recorded under section 161
Cr.P.C. he himself stated that he had no relation with the deceased or
with the family of the applicant since the marriage was against their
wishes. However, on the advise of the certain persons the First
Information Report was lodged on 15.3.2009 implicating the applicant
and entire family. However, the Investigating Officer during
investigation found that it was a case of suicide. The applicant is in jail
since 17.6.2009.
In view of the above, without expressing any opinion on merit, at this
stage it is a fit case for bail.
Let the applicant Bibesh be enlarged on bail on his furnishing a personal
bond with two sureties each in the like amount to the satisfaction of the
court concerned in Case Crime No.474/2009 under Section 306 I.P.C.
Police Station Sikandra Rau, District Hathras.
13.7.2010
RK