AJAY UPADHAYAY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

(2.) By means of this application, the applicant who is involved in case crime no.533 of 2017, under Section 306 IPC, Police Station-Jagdishpura, District-Agra is seeking enlargement on bail during the trial.

(3.) Learned counsel for the applicant submitted that the FIR was lodged by the first informant against the applicant and one other family member. The allegation is that the deceased was being maltreated and harassed by her husband and mother-in-law. It is next submitted that the applicant is husband of the deceased who abetted his wife to commit suicide. From the text of the FIR as well as 161 Cr.P.C. statement of informant, it is evident that the applicant is the habitual intoxicant and this was the cause of quarrel and tussle between husband and wife. There is no other material on record which could come within the purview of abetment. Under this circumstances, it appears that the husband was irresponsible person/father but this cannot be the sufficient cause of abetment of committing suicide. The deceased was very sensitive lady who could not tolerate the nonsense of her husband and on account of it, she ended her life. The applicant is in jail since 12.07.2017, having no criminal antecedents to his credit.