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Judgment
9 paragraphs · 219 wordsRavindra Maithani, J
Applicant Nishant Bohra is in judicial custody in FIR No.123 of 2022 dated 28.12.2022, under Section 306 IPC, P.S. Kotwali, District Pithoragarh. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
Initially, the FIR in the instant case was lodged under Section 376 IPC with the averments that the applicant had proposed the deceased and established physical relations with her. Subsequently, the deceased committed suicide. The statement of the deceased was recorded. She revealed that under the assurance of the marriage, the applicant established physical relations with her on multiple occasions. But, subsequently, she found that she has been cheated by the applicant. Therefore, she consumed poison.
Learned counsel for the applicant would submit that it is not a case of abetment of suicide.
Leaned State Counsel would submit that the deceased has supported the prosecution case before her death.
Having considered, this Court is of the view that this is a case fit for bail and the applicants deserve to be enlarged on bail.
The bail application is allowed.
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.