Karunesh Singh Pawar,J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. Learned counsel for the applicant submits that the marriage of the deceased was solemnized with the applicant on 9.5.2011 and there was no occasion for the applicant to abet the deceased to commit suicide after nine years of marriage. The deceased committed suicide in the absence of applicant.

3. Perusal of the statement of the witnesses shows that no evidence was found against the applicant with regard to abetting the deceased for commission of suicide.

4. It is not the case of the prosecution that the applicant has made demand of dowry.

5. As per postmortem examination report cause of death is asphyxia due to ante mortem hanging and except ligature mark there is no antemortem injury on the body of the deceased which shows that the deceased has committed suicide.

6. The applicant is languishing is in jail since 12.02.2020. The applicant has no criminal history

7. It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

8. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

9. Considering the facts that the applicant has no criminal history and the applicant is in jail since 12.02.2020, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

10. Let the applicant, Riyaz involved in Case Crime No.55 of 2020, under Section 306 Indian Penal Code, Police Station Malhipur, District Shrawasti be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.