RAJ KARAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Brijesh Sahai, learned counsel for applicant- Raj Karan, learned A.G.A. for the State and perused the record.

(2.) Applicant seeks bail in Case Crime no.97 of 2014, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Fatehganj, District - Banda.

(3.) It is submitted that applicant is the husband, but according to the case of the prosecution, it was he, who intimated the death of his wife on account of hanging with no marks of strangulation/ throttling to the informant, which took place on 11.11.2014 at 6:00 P.M, through his mobile phone on the same day at 7 P.M, whereas the FIR was lodged after almost 24 hours. It is further submitted that on 19.11.2014, a notorial affidavit was filed by the informant on 27.11.2014 before the SSP concerned alleging that he had lodged the FIR, in a disturbed mental state without ascertaining correct facts and circumstances responsible for the death of his daughter and in fact as his daughter was mentally unstable, she committed suicide on her own for reasons not attributable to the applicant/husband, who is innocent, which was authenticated in his statement under Section 161 CrPC. It is thus submitted that once the prosecution itself admitted that it was not a case of homicidal death, no offence under Section 304-B IPC is made out qua the applicant, in view of the statement given by none other than the father of the deceased. It is finally submitted that the applicant has no previous criminal history, is in jail since 8.1.2015 and the trial is not likely to be concluded in the near future, he be enlarged on bail.