Criminal Misc. Bail Application filed by Pawan Kumar regarding a charge under Section 306 IPC (counseling suicide) causing burn injuries. The High Court rejected the bail application citing the gravity of the offence and the applicant's alleged absence in saving his wife.
Bail application is hereby rejected at this stage.
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Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5091 of 2019 Applicant :- Pawan Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
This application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.491 of 2018, under Section 306, IPC, Police Station Kotwali Dehat, District Saharanpur.
Heard Sri Dhiraj Kumar Pandey, learned counsel appearing for the applicant and Sri Mohd. Nadeem, learned AGA appearing for the State.
Perusal of record shows that the FIR has been lodged by the mother-in-law of the applicant. The applicant is the husband of the deceased, case of death is burn injuries. We have also perused the statements of Raj Dulari and Neetu @ Om Prakash. The time of incident is 10 O'clock, the presence of the applicant-husband is not been disputed, he has not made any attempt, whatsoever to save his wife even though he was present at the house/spot.
Thus, looking to the gravity of the offence and the seriousness of the allegation, no case for grant of any indulgence is made out.
Accordingly, the bail application is hereby rejected at this stage.
Order Date :- 3.7.2019 VKG
2 issues framed by the court
Whether bail should be granted to the applicant charged under Section 306 IPC for the death of his wife.
Whether the gravity of the offence and lack of attempt to save the wife negate the case for bail.
1 provisions across 1 enactments
Pawan Kumar
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
