Akash v. State of U.P.

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49881 of 2019

Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- G.A.

Hon'ble J.J. Munir,J.

This application has been entertained without an affidavit on account of the extraordinary contingency created by the Covid19 pandemic where the travel is restricted. This Court notices the fact that there is a declaration by the applicant that he will file an affidavit. This order is being passed, therefore, subject to a certain conditions in this regard.

This is an application for bail on behalf of the applicant, Akash in connection with Case Crime No. 157 of 2019, under Sections 498-A, 323, 306, and 201 IPC, Police Station Hafizpur, District Hapur.

Heard Mr. Mohd. Afzal, learned Counsel for the applicant, and the learned A.G.A. appearing on behalf of the State.

The submission of the learned Counsel for the applicant is that the parties were married a little over four years ante dating the occurrence and have children born of the wedlock. It is submitted that the applicant did not, in any manner, abet the deceased to commit suicide. It is urged that there was no more than a routine quarrel between the husband and wife, in consequence of which, the applicant's wife consumed poison and committed suicide. It is submitted that there is no evidence of instigation, aid or conspiracy on the applicant's part so as to attract an offence under Section 306 of the Code. It is also argued that there was no demand of dowry or cruelty committed