High CourtsSingle Bench

Brij Kishor Manudi vs State Of Uttarakhand

Uttarakhand High Court · Decided on 20 November 2023 · Citation: (2023) 11 UK CK 0097

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 306
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1941 Of 2023
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Judgment

11 paragraphs · 269 words

Ravindra Maithani, J

1.

Applicant Brij Kishor Manudi is in judicial custody in Case Crime/FIR No.239 of 2023, under Sections 306 IPC, P.S. Nehru Colony, District Dehradun. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

The applicant and the victim were married in the year 2009. According to the FIR, the victim was assaulted and killed by her in laws. The fact remains that the FIR was recorded under Section 306 IPC.

4.

The learned counsel for the applicant would submit that the deceased committed suicide long after the marriage. It is not a case of abetment.

5.

Learned State Counsel would submit that it is a case of suicide by hanging. He would admit that the marriage took place in the year 2009.

6.

It is the stage of bail. Much of the discussion at this stage is not expected of. To the extent of appreciating the controversy, the matter may be examined with the caveat that any observation, made at this stage, shall have no bearing at any subsequent stage of the case.

7.

One of the children of the applicant and the deceased has stated that, in fact, the deceased doubted the character of the applicant, therefore, she committed suicide.

8.

Having considered, this Court is of the view that the applicant deserves to be enlarged on bail.

9.

The bail application is allowed.

10.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.