MANGI RAMESH CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. Vivek Shukla, learned counsel for the applicant and Mr. B. S. Parihar, learned Brief Holder for the State.

(2.) THE prosecution case is that the deceased Smt. Rita, wife of Rakesh was abated to commit suicide by the accused/applicant by jumping into the well on 12. 11. 2007. The learned counsel for the applicant submitted that the co-accused Naresh has been released on bail and this is a case of parity. It was further contended that no role has been assigned to the accused/applicant during the course of investigation. It was further contended that to attract the ingredients of Section 306 I. P. C, the intention of the accused to instigate or to abate the deceased to commit suicide is necessary. The evidence which has been laid during the course of investigation against the accused/applicant is not sufficient to substantiate the said ingredients.

(3.) I have gone through the entire record and after considering the totality of the facts and circumstances of the case, I am of the view that it is a fit case for bail.