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2010 DIGILAW 3024 (ALL)

Anuj v. State of U. P.

2010-09-29

RAVINDRA SINGH

body2010
JUDGMENT: Ravindra Singh, J. Heard Shri Gaurav Kakkar, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Shri Irfan Chaudhary, learned counsel for the complainant. This bail application has been moved by the applicant, Anuj with a prayer that he may be released on bail in case crime no. 97 of 2010, under Section 306 IPC, P.S. Biharigarh, district-Saharanpur. The facts, in brief, of this case are that the F.I.R. of this case has been lodged by Vinod Kumar on 3.6.2010 at 7 p.m. in respect of the alleged incident occurred in the night of 2/3.6.2010. It is alleged that the marriage of the deceased Smt. Priyanka was solemnized with the applicant on 14.2.2010, the first informant had spent the money according to his capacity in the said marriage, but after one month of the marriage, the deceased was subjected to the marpeet by the applicant and her jeth Isham Singh. The co-accused Isham Singh was having dishonest intention for developing his physical relation with the deceased, he told the deceased that the applicant had developed the relationship with a girl of Dehradun with whom he wanted to marry. The applicant wanted to desert the deceased. If the deceased wanted not to be deserted, she would have developed the physical relationship with co-accused Isham Singh. The deceased replied that she would like to commit suicide, but not to develop the physical relationship with co-accused Isham Singh. The deceased was extended the threat by the applicant and co-accused Isham Singh and under a threat she was compelled to write a letter as dictated by them and she was compelled to having conversation on the telephone with some boys, the deceased was having the deepest love with the applicant, she did not want to leave her husband about 15 or 16 days prior to alleged incident. The applicant and co-accused Isham Singh came to the house of the first informant and assured the deceased that all the letters got prepared by them from the deceased would be returned and she was ask to company them. The applicant and co-accused Isham Singh came to the house of the first informant and assured the deceased that all the letters got prepared by them from the deceased would be returned and she was ask to company them. At that time she was called aside by the co-accused Isham Singh where he extended the threat, due to which the deceased became too much disturbed and he requested the applicant that she would not be able to live without him, but the applicant replied that he was helpless because she had to do as his brother Isham Singh desired otherwise she would be deserted. The applicant and co-accused Isam Singh were requested by the mother of the deceased also not to spoil the life of the deceased, they returned back without bringing the deceased. It was told by the deceased that the applicant had found her that he wanted to meet her. Then, the deceased went to Dehradun to meet the applicant on 2.6.2010. After meeting with the applicant she was too much disappointed, she did not take the meal because she was asked to develop the physical relationship with her Jeth Isham Singh and the applicant wanted to marry with some other girl ultimately she took some poisonous substance in the night, she brought to district hospital, Saharanpur where she died. The deceased had left a suicidal note also. It was handed over to the applicant. The suicidal note was containing the similar allegations as mentioned above. The applicant applies for bail before the learned Sessions Judge, Saharanpur, who rejected the same on 2.8.2010. 2. It is contended by the learned counsel for the applicant that the applicant is husband of the deceased. The allegations made against the applicant are absolutely false and baseless. The deceased was never subjected to cruelty and she was never ask to develop her physical relationship with the co-accused Isham Singh. There was no issue to performing with some other girl. The deceased was a girl of immoral character because prior the marriage she was having the illicit relationship with one Satveer, after marriage she continued to meet with Satveer and she was having physical relationship. There was no issue to performing with some other girl. The deceased was a girl of immoral character because prior the marriage she was having the illicit relationship with one Satveer, after marriage she continued to meet with Satveer and she was having physical relationship. The conversation made by the applicant with Satveer have been down loaded on C.D. The applicant made a complaint to the father of the deceased, who was also unhappy to her about the misdeed and loose character of his daughter. In such circumstances, the deceased decided to commit suicide by taking the poison because her relation with Satveer was known to the persons of the locality. Sofar as a suicidal notice concerned, it was written by the deceased under some pressure. So that her image would be tarnished in the society. Even the allegations made against the applicant are not constituted the offence punishable under Section 306 IPC. The case of the applicant is distinguishable with the case of co-accused Isham Singh. The applicant is in jail since 15.6.2010, he has not having any criminal antecedents, he may be released on bail. 3. In reply of the above contention, it is submitted by learned A.G.A. and counsel for the complainant that the deceased has been compelled by the applicant and his brother to commit suicide in the night on 2/3.6.2010 by taking a poison whereas she was married with the applicant on 14.2.2010. She has died within four months of her marriage. The allegations made against the applicant and his brother are very serious in nature. 4. In such circumstances, the deceased was left, no option to commit the suicide. The circumstances created by the applicant and his brother abetted the deceased to commit the suicide and she has left a suicidal note also. The suicidal note is a sentimental note, he shows that lady of good character. In such circumstances, the applicant may not be released on bail. Considering the facts and circumstances of this case, submission made by the learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and from the perusal of the record, it appears that in the present case the applicant is husband of the deceased, she committed suicide by taking poison within four months of her marriage. The allegations made against the applicant and the co-accused are serious in nature. The allegations made against the applicant and the co-accused are serious in nature. There is a suicidal note left by the deceased. The created offence is too much. In such circumstances, the applicant does not deserve to be released on bail, the prayer for bail is refused. Accordingly, this application is dismissed.