Bail application allowed in a suicide case under Sections 498A/306 IPC. Court found no evidence that the accused instigated the suicide, noting the accused was a drunkard whose avoidance by the wife led to her frustration.
Accused Sunil Kumar released on bail via personal bond and two sureties subject to standard conditions.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50553 of 2022
Applicant :- Sunil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Sunil Kumar seeking bail in Case Crime No. 426 of 2022, under Sections 498A/306 IPC, Police Station Kotwali City, District Bijnor, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that applicant is the husband of the deceased and their marriage was solemnized on 24.11.2012 and the applicant is having two minor children.
Learned counsel for the applicant has next submitted that on the basis of false allegation of demand of dowry and torture of the deceased, applicant has been falsely nominated as an accused in the present case.
Learned counsel for the applicant has next submitted that there is an allegation against the applicant that he was a drunkard and as such very often, quarrel ensued between husband and wife and on account of over sensitivity, wife had committed suicide.
Learned counsel for the applicant has next submitted that investigation in the present case has already been concluded and the charge-sheet has been submitted, however, even during the course of investigation, there is not an iota of evidence to show that the applicant, in any manner, goaded her, instigated her or compelled her to commit suicide. The evidence, which is on record against the applicant, is that the applicant used to make demand of additional dowry from his wife and for non-fulfillment of
the same, used to torture her. The applicant was also a drunkard and as such, his wife has committed suicide.
Learned counsel for the applicant has next submitted that perusal of the post-mortem report shows that except ligature mark, there is absolutely no injury on the person of the deceased and Doctor has noted the cause of death to be hanging.
Learned counsel for the applicant has next submitted that the applicant is in jail since 09.07.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means.
Learned counsel for the applicant has next submitted that the charge-sheet in the present case has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that even according to the prosecution own case, since the applicant was a drunkard and in frustration, his wife has committed suicide. There is no evidence to show that the applicant, in any manner, goaded her, instigated her or compelled her to commit suicide. The applicant is in jail since 09.07.2022 and has no criminal history to his credit and the charge-sheet has already been submitted.
Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that there is not an iota of evidence to show that the applicant, in any manner, goaded her, instigated her or compelled her to commit suicide. Even during the course of investigation, it has been revealed that the applicant was a drunkard and his wife used to refrain him from drinking liquor, however, he did not gave up his bad habit of drinking and as such in frustration, his wife has committed suicide.
Prima facie at this stage, it can be said that on account of over sensitivity, the victim has committed suicide. Perusal of the post-mortem report shows that except ligature mark, there is absolutely no injury on the person of the deceased and Doctor has noted the cause of death to be hanging. The applicant is having two minor children aged about 7 years and 5 years and except him, there is no
one to look after them. The applicant is in jail since 09.07.2022 and has no criminal history to his credit. The charge-sheet in the present case has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
In the backdrop of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail.
Let the applicant Sunil Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 10.11.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.11.10 17:10:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the accused seeking bail in a case under Sections 498A/306 IPC making out a prima facie case due to lack of evidence instigating suicide.
Sunil Kumar
Rajiv Gupta
Nadim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
