JAVED HUSSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohit Singh, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned AGA for the State and perused the material on record.

(2.) This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Javed Hussain, seeking enlargement on bail during trial in connection with Case Crime No. 386 of 2018, under Sections 498A , 304B I.P.C. and 3/4 Dowry Prohibition Act , registered at P.S. Pakbada, District Moradabad.

(3.) Learned counsel for the applicant argued that the applicant is the husband of the deceased. The marriage of the applicant with the deceased Mahtab Jahan was solemnized on 17.9.2016. Learned counsel further argued that in so far as the conduct of the applicant and other family members is concerned, it is admitted case that the information about the death of the deceased was given to her family members by the brother of the applicant. Further arguing on medical evidence, learned counsel for the applicant argued that the doctor conducting post mortem examination opined that the cause of death is asphyxia due to ante mortem hanging which is also suggestive of suicide. He further argued that no doubt the doctor has further found three contusions and one abrasion apart from the ligature mark on the body of the deceased, but the nature and dimension of injuries cannot be said to be those which would have been inflicted as a result of torture soon before death of the deceased. More so the said injuries are of very small dimensions and are superficial only as per the note of the doctor about them.