- (1.) Heard learned counsel for the applicant and learned A.G.A. Perused the record. Submission of counsel is that the applicant has never subjected his wife to any ill-treatment nor ever demanded any dowry. It was specifically emphasized by the counsel that the elder sister of the deceased was also married to the applicant himself and after her death which took place during the course of delivery, the first informant once again married the younger sister of the earlier wife to the applicant. Submission is that there could not be a greater proof about the good satisfactory conduct of the applicant with regard to his first wife. Further submission is that it shall be highly improbable to imagine that the applicant, who never gave any occasion for any complaint to the parental side of his earlier wife all of a sudden started behaving in a devilish manner and would start pressurising for either the demand of dowry or would start committing cruelty on his second wife because of its non-fulfillment. It has further been submitted that the applicant's wife herself was a hot tampered lady and because of some unfortunate routine domestic quarrel, she committed suicide in which the applicant had no hand. Counsel has also drawn the attention of the Court to the information that was sent by the doctor to the police station regarding the death of the deceased, which has been annexed with this application as annexure no. 2? in which it was specifically mentioned that the husband-applicant had brought his wife to the hospital to give her immediate medical succor. It was also pointed out that the post mortem of the deceased does not reveal any extra injury on her body which is an indication of the fact that she was definitely not subjected to any kind of violence before her death. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it has also been pointed out that the accused is languishing behid the bars since 11.8.2014 and has spent more than a year in jail having no criminal history and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
(2.) Learned A.G.A. opposed the prayer for bail. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
(3.) Let the applicant-Surendra Singh, involved in Case Crime No. 106 of 2014, u/s 306, 328, 498A I.P.C., P.S.- Sadar Bazar, District-Shahjahanpur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.;