NANKUN @ MOHD. AZAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA for the State through video conferencing and perused the record.

(2.) Learned counsel for the applicant submitted that the accused applicant has falsely been implicated in the present case. It has further been submitted that the applicant is the husband of the deceased. It has further been submitted that the deceased committed suicide by hanging herself in a mango garden. As per postmortem report, cause of death of the deceased is due to asphyxia as a result of antemortem hanging. There is no evidence of demand of dowry against the applicant on record. No other incriminating evidence is on record against the applicant. The accused-applicant is languishing in jail since 28.09.2019 having no criminal history. It is further submitted that there is no possibility of the applicant fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

(3.) Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.