Order On Board

21/11/2022 The applicant has been arrested in connection with Crime No. 233/2022 registered at Police Station – Dabhara, District – Sakti (C.G) for alleged commission of offence under Sections 498A & 306 of I.P.C.

2. Prosecution case in brief is that the deceased who is wife of applicant died on 16.04.2022 and allegation is that, the deceased died by hanging as the present applicant is talking to her first wife to whom the applicant already divorced her and solemnized love marriage with the deceased and aggrieved by the act of applicant, the deceased committed sucide and thereafter the complaint was made and FIR has been registered on 29.06.2022 and the offence under Section 498-A and 306 of IPC has been registered and the applicant has been arrested.

3. Learned counsel for the applicant submits that the applicant has not committed any offence, he is falsely implicated in the case. He further submits that investigation is complete and charge-sheet has been filed and looking to the circumstances of the case and evidence collected by the prosecution, the application may be enlarged on bail.

4. On the other hand, learned State counsel opposes bail application and submits that looking to the seriousness of the allegations made against the present applicant, application may be rejected.

5. I have heard learned counsel for the parties and considered their rival submissions.

6. Considering the facts and circumstances of the case and looking to the nature of allegations and evidence collected by the prosecution, detention period of the applicant, he is in jail since 29.06.2022 without commenting anything on merits, I am inclined to allow this bail application.

7. Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court on the condition that -

a) He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

b) He shall not make any attempt to tamper with the prosecution witnesses.

8. It is made clear that the observations made herein above is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made herein above. It is also made clear that the complainant or State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant violates the above conditions.

Certified copy as per rules.