AMIT KUMAR GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD. The applicant has preferred this application for grant of bail as he has been arrested in connection with crime No. 434/2007 registered in Police Station-Dhamtari, District-Dhamtari for the offence punishable under sections 376, 306 of the I. P. C.

(2.) ALLEGATION against the applicant is that, he resided with the deceased Suchitra Bai, aged about 30 years as husband and wife since last 4 years prior to the date of incident i. e. 26. 7. 2007 when she committed suicide by consuming poison, leaving a death note.

(3.) LEARNED counsel for the applicant submits that from the allegation present in the death note it is clear that the applicant and the deceased were in love with each other and they were residing together as husband and wife in the home of the present applicant. However, she committed suicide by consuming poison alleging that the applicant refused to marry the deceased as their marriage was opposed by his family members. He further submits that from perusal of the allegation in the death note it is clear that no offence under Section 376 and 306 of the IPC is made out. The applicant is in jail since 26. 7. 2007.