Court No. 20
Criminal Misc. Case No. 4609 (B) of 2010
Raj Kumar Dixit ....Versus..... State
Hon'ble Raj Mani Chauhan, J.
Heard the learned counsel for the applicant and learned A.G.A. for the
State as well as perused the documents available on the record.
The accused-applicant Raj Kumar Dixit is involved and detained in
Case Crime No. 61 of 2004, under Section 306 I.P.C., from Police Station
Machrehta, District Sitapur and he has applied for bail.
The submission of the learned counsel for the accused applicant is that
on the written report of the complainant Akhilesh Kumar Mishra, son of Sri
Ram Narayan Mishra, resident of village, Dahel Khand, Post Nipinia, District
Jalaun, the police of police station Machrehta, registered a case against the
accused applicant, who is husband of the deceased, and against his other family
members under Section 302 and 120-B I.P.C. The Investigating Officer during
the course of investigation found that the deceased had committed suicide on
account of abatement of the accused applicant. Consequently, the Investigating
Officer converted the case under Section 366 I.P.C. The further submission of
learned counsel for the accused applicant is that the real sister of the deceased
had stated before the Investigating Officer that on the date of occurrence there
had been hot talks between the accused applicant and the deceased as the
accused applicant was going to attend the marriage at the in-laws house of the
son of his brother. The deceased objected the accused. Thereafter, the deceased
had set herself ablaze. In this way, it was a case of purely suicidal death and not
on account of abatement of accused applicant. Therefore, accused applicant
deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the accused
applicant and the learned A.G.A.
Keeping in view the totality of the facts and circumstances of the case,
without expressing any opinion on the merit of the case, the accused applicant
may be released on bail.
Let applicant Raj Kumar Dixit be released on bail in the aforesaid case
crime number on his furnishing a personal bond with two sureties each in the
like amount to the satisfaction of the court concerned.
22.06.2010
Sanjay/-