ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned A.G.A. and perused the record. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that the applicant is the husband of the deceased. He further submits that the marriage of the applicant was solemnized with the deceased in the year 2000 but out of the said wedlock no child born on account of which the deceased used to remain under depression, as a result of which, she committed suicide. He further submitted that the applicant has also suffered burn injuries in order to save the life of the deceased. He further submitted that the incident is alleged to have taken place on 10.11.2011 but the FIR has been lodged after more than seven days. He further submitted that although the informant was present at the time of preparation of Panchnama but he did not raise objection or hue and cry. He further submits that the applicant neither abetted or instigated the deceased to commit suicide nor he has ever harassed or tortured the deceased etc. He further submits that the applicant has not committed the offence as alleged by the prosecution and the present prosecution has been launched maliciously just to blackmail, harass, victimise and exert undue pressure on him. He further submits that the applicant has no criminal history and there is no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is in jail since 4.12.2011.

(2.) KEEPING in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.