Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20121 of 2010 Petitioner :- Khalak Singh Respondent :- State Of U.P. Petitioner Counsel :- Awadhesh Narain Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that the applicant
is father in law of the deceased and her marriage was solemnised about seven
years back. He further submits that initially the case was registered under
sections 498A and 304B I.P.C. and 3/4 Dowry Prohibition Act and later on,
the case was converted under section 306 I.P.C.. Referring to Annexure SA-
1 filed in support of the bail application, which are the details of the
medical aid and prescriptions slips of various Doctors in respect of
treatment of the deceased, he further submitted that since the deceased was
suffering from various diseases and was not having any child, it appears
that she, under frustration , committed suicide by burning herself and she
was neither harassed nor tortured in respect of any dowry etc. as alleged by
the prosecution. He further submits that the applicant had never instigated , or
abetted the deceased to take such a drastic step. He further submits that the
alleged occurrence had not taken place in the manner as alleged by the
prosecution. It is further submitted that the deceased was a lady of very short
temperament and all of a sudden, under frustration, she had taken such an
extreme step to end her life, for which the applicant cannot be held guilty. He
further submits that no offence as alleged by prosecution has been committed
by the applicant and with a view to harass and black mail the applicant, the
present prosecution has been launched against him . He further submits that
the applicant has got no criminal history to his credit and there are no
chances of his fleeing away from the judicial process or tampering with the
prosecution evidence, and is in jail since 18.5.2010.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Khalak Singh involved in Case Crime No.216 of 2010 under
Section 306 I.P.C., P.S. Majhgawan , District Hamirpur 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:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 3.8.2010
MLK
