Umesh v. State of U.P.
Case brief
What is this about?
Single judge granted bail to an accused charged with abetment to suicide. The court noted the suicide resulted from routine quarrels, holding that mere quarrels do not constitute instigation under Section 107 IPC.
What did the court decide?
Released on bail upon executing personal bond and furnishing two sureties.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49906 of 2019
Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh 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, Umesh, in connection with Case Crime No. 227 of 2019, under Section 306 IPC, Police Station Gunnaur, District Sambhal.
Heard Sri Nagendra Kumar Singh, 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 it is a case of a one year old marriage where the deceased-wife committed suicide with no background of a dowry demand, on account of a routine quarrel with the husband. Learned counsel for the applicant has invited the attention of the Court to the dying declaration of the deceased Vineeta, recorded by the City Magistrate-Ist, Aligarh on 04.05.2019. In the said statement, the deceased has said that she had set herself afire after dousing herself in kerosene. On a pointed question as to why she did that, she has said that because of daily quarrels with her husband and on that day, she had a quarrel with the husband.
Issues for consideration
1 issue framed by the court
Whether bail should be granted in a case of abetment to suicide arising from routine quarrels.
Parties & counsel
- applicant
Umesh
- respondent
State of U.P.
Coram
Munir
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/49906/2019
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