VIRENDRA SINGH,J. - (1.) BY means of this bail application, the applicant has prayed for releasing the applicant on bail, in case Crime No. 649 of 2009, under sections 498-A, 323, 325,504,506 I.P.C, Police Station Barahalganj, District Gorakhpur.
(2.) HEARD learned counsel for the applicant and learned A.G.A. As per prosecution case, the learned A.G.A contended that the present accused/applicant is involved in a case of trying to burn Smt. Malti Shukla, sister-in-law of the accused-applicant with the assistance of her husband and mother-in-law and thereafter inflicted injuries on her person by tongy, for which it is contended on behalf of the accused/applicant that he is innocent and has been falsely implicated in this case and no cruelty of any type was committed by him on Smt. Malti Shukla. In the light of the contentions of both the parties, I have gone through the entire facts and circumstances on record. Though the offence under section 498-A I.P.C is reported, but looking into the definition of cruelty as is provided under section 498-A, I.P.C, the harassment of the woman should be to meet to any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand and it should be of such nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life limb or health of the woman. Looking into this fact that no such ingredient is available on record, I am of this view that the accused/ applicant may be enlarged on bail in this case of simple injury alleged to have been committed by the applicant/accused on the person of Smt Malti Shukla.
(3.) LET applicant Rajiv Shukla alias Sintu be released on bail, in case Crime No. 649 of 2009, under sections 498-A, 323, 325,504,506 I.P.C, Police Station Barahalganj, District Gorakhpur on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. 1. that such person shall attend in accordance with the conditions of the bond executed. 2. that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and 3. that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ;