JITENDRA ALIAS MANOJ Vs. STATE OF U P

JUDGEMENT

(1.) THIS is the first bail application moved on behalf of the applicant Jitendra @ Manoj son of late Sri Ramesh Chandra involved in case Crime No. 311 of 2006, under Sections 498 -A, 304 -I B IPC. read with Sections 3/4 D.P. Act, Police Station Gandhi Park, district Aligarh.

(2.) HEARD learned Counsel for the applicant and learned Counsel appearing on behalf of the complainant as well as the learned A.G.A. I have also perused the whole records.

(3.) IT is further submitted that the deceased Smt. Mamta was suffering from thyroid and abdomen and, as such, she was medically treated under the surveillance of Kumar Nursing Home, Ram Ghat Road, Aligarh in between 6 -5 -2005 and 16 -5 -2005. During the course of the aforesaid treatment, some bleeding was started to Smt. Mamta and on 19 -5 -2005, she was taken to the Shiv Nursing Home and Medical Centre, Ramghat Road, Aligarh but she could not get any relief. Therefore, on the same day, i.e. 19 -5 -2005, the applicant took her to Dr. Kusum Saxena, a renowned Gynecologist of Aligarh to which the prescription is available on record. It is further submitted that Smt. Mamta -deceased, was not getting relief from her Gynecological problems, as such, the applicant took her to Dr. Smt. Aruna Mittal, based at Ratan Hospital, G.T. Road, Aligarh where she was medically treated from 22 -8 -2005 to 8 -12 -2005. The prescription in this regard is available on record. The above prescription would go to show that Smt. Mamta was suffering from severe thyroid and Gynecological problems and she met with sport abortion and she was not having any issue as a result of which under the state of depression she committed suicide. She was also taken to the hospital by the applicant -husband and information in this regard was also sent by the applicant through his close relatives to the family members of the deceased whereupon they reached there and dispute arose on the point of returning of the belongings and ornaments. Thereafter, the brother of the deceased lodged the frivolous F.I.R. against applicant.