JUDGMENT : Mohd. Akram Chowdhary, J. 1. Applicant through the medium of this bail application under section 439 of the Code of Criminal Procedure solicits grant of bail, in a case titled 'UT of J&K v. Ram Lal and Ors', on the files of the Court of learned Additional Sessions Judge Udhampur, arising out of FIR No. 168/2022 registered on 09.07.2022 at P/S Rehmbal, for the commission of offences punishable under section 306 IPC. 2. Brief facts of the case are that on 25.05.2022, at about 2130 hrs an information was received in P/S, Rehmbal from PP DH Udhampur, that one lady namely Nisha Sharma W/o Ram Lal R/o Malhar, Udhampur brought by her husband in unconscious condition, but the medical officer of DH Udhampur declared her brought dead. 3. As the death of deceased had occurred in suspicious circumstances and to ascertain the cause of death, inquest proceeding under section 174 Cr.P.C. were initiated by Rehmbal Police vide DDR No. 25 dated 25.05.2022, and the enquiry of the same has been entrusted to ASI Naseeb Singh EXJ-986911. During the course of enquiry, Enquiry Officer took the dead body of the deceased into his custody and shifted to Mortuary of DH Udhampur. The Enquiry Officer called the FSL team at the place of incident and seized one broken chair of plastic, rope plastic, 01 drat from the spot in presence of FSL Team. The photography of the place of incident was got conducted through crime photographer of District Udhampur. Post mortem of the deceased was got conducted through a board of doctors at DH Udhampur on 06.05.2022 and after completing the legal formalities the dead body of the deceased was handed over to her parents. The report of the board of doctors was that the deceased died due to Asphyxia. Further as the enquiry was still going on into the matter, on 19.07.2022, learned Judicial Magistrate (Munsiff) Udhampur directed SHO, P/S Rehmbal to lodge FIR in this matter. Consequently, a case FIR No. 168/2022 under section 306 IPC was registered at P/S Rehmbal. 4. It is pleaded it the application that the applicant got married to one Nisha Sharma in the year, 2007 and lived peacefully till her unfortunate death. Being issueless, the couple adopted a girl child in the year 2016. Consequently, a case FIR No. 168/2022 under section 306 IPC was registered at P/S Rehmbal. 4. It is pleaded it the application that the applicant got married to one Nisha Sharma in the year, 2007 and lived peacefully till her unfortunate death. Being issueless, the couple adopted a girl child in the year 2016. It is also pleaded that they had joint investment in the post office and their lives were going on smoothly till the unfortunate and sudden death of his wife in mysterious circumstances on 25th May 2022. 5. The applicant has asserted that he had moved an application for grant of bail before the Trial Court, however, his bail application was rejected vide order dated 25.02.2023. 6. The grant of bail has been pleaded on the ground that the co-accused in the matter have already been granted bail on 03.11.2022 and the petitioner is still languishing in jail despite the fact that there is no material and much less substantial material on record to remotely show the involvement of the accused in the unfortunate mishap. It is further pleaded in the bail application that challan has already been produced. 7. Pursuant to notice, respondents have filed objections to the bail application on 05.04.2023 asserting therein that the accused person cannot be admitted to bail, as he is involved in a heinous office under section 306 IPC and in case he is released on bail, he may tamper with the prosecution evidence and try to influence the witnesses. The accused person has committed the heinous offence under section 306 IPC and does not deserve any concession, as such, his plea for admitting him to bail is opposed. 8. Learned counsel for the applicant has argued that the applicant has been implicated in a false case by his father-in-law by lodging a false complaint with the accusation that he along with his parents demanded dowry from his daughter, harassed her on the pretext of bringing insufficient dowry and also often beaten her being an infertile woman. It is alleged that in the case filed against the applicant that on 25.05.2022 the applicant has been falsely implicated to have intentionally tortured and beaten the deceased in such a way and to such an extent that the deceased was left with no option but to commit suicide. 9. It is alleged that in the case filed against the applicant that on 25.05.2022 the applicant has been falsely implicated to have intentionally tortured and beaten the deceased in such a way and to such an extent that the deceased was left with no option but to commit suicide. 9. Learned counsel for the respondents, ex adverso, argued that the applicant is involved in a serious offence and is not entitled to any concession till trial is completed by the Trial Court as this Court while hearing a bail application cannot go into the intricate question of evidence appreciating the veracity of the prosecution evidence while deciding a bail application and prayed that the application be rejected, having regard to the heinous offence and severity of punishment. 10. Heard and considered. 11. The petitioner and the deceased are stated to have been married in the year, 2007 who were not blessed with any child till 2016, when both of them decided and adopted a girl child. The deceased wife died in the month of May 2022 as she committed suicide. Regarding the death of the deceased, inquest proceedings were initiated at the Police Station Rehmbal in terms of Section 174 Cr.P.C., however report could be finalized, a case was registered in the month of July 2022 vide FIR No. 168/2022 for the commission of offences punishable under section 306 IPC at Police Station Rehmbal in terms of orders of the court of Magistrate and the petitioner was arrested on 18.10.2022 in the case and the charge sheet after investigation of the case, was laid before the Trial Court on 10.03.2023. 12. Learned counsel for the petitioner submits that petitioner and the deceased had a long married life since 2007 when they got married, however, unfortunately there was no child out of the wedlock, as such, they decided to adopt a girl child in the year, 2016 and both the parents made joint investment for child as is evidenced by copies of Vikas Patras made available on file. He has also submitted that the petitioner is a retired army personnel having rendered exemplary service to the army; and the adopted child, namely, Jhanvi Sharma is studying in Army Public School Udhampur and in view of the unfortunate death of the deceased mother of the girl child, she is left unattended as the father has also been arrested in connection with the death of the deceased. 13. Since the deceased had died admittedly after 15 years of marriage, there is no statutory presumption with regard to subjecting her to cruelty so as to drive her to commit suicide. The offence of Section 306 IPC is punishable with sentence of imprisonment upto ten years and fine. There is no statutory bar to the grant of bail, having regard to the punishment of offence u/s 306 IPC as imprisonment upto 10 years and not with capital punishment or in the alternative life imprisonment. 14. Having regard to the facts of the case and the submissions made at the Bar by the learned counsel for both the sides, when the investigation has been concluded and charge sheet has been laid, there is no harm in granting bail to the petitioner, at this stage, though there is no scope of tampering the investigation in any manner and such an apprehension of tampering with the prosecution evidence, can also be taken care of by providing that in case the petitioner is admitted to bail and if he tampers with the prosecution evidence, prosecution shall be at liberty to seek cancellation of the bail from the trial court. 15. Having said so, the application for the afore-stated reasons is allowed. The petitioner is ordered to be admitted to bail subject to following conditions that he shall: (i) furnish bail and two sureties bonds to the satisfaction of the Trial Court; (ii) not tamper with the prosecution evidence in any manner whatsoever and shall not associate himself with any of the prosecution witnesses; and (iii) not leave the territorial jurisdiction of the Union Territory of J&K, without prior permission of the Trial Court. 16. Bail application along with pending application(s), if any, is accordingly disposed of.