Heard learned counsel for the applicant and the learned A.G.A.
It is argued by the learned counsel for the applicant that the applicant was married with the deceased 16 years earlier. In the postmortem report, the cause of death was shown due to Asphyxia as a result of hanging, hence it is a case of suicide and not of murder. He further argued that there is some quarrel between the wife and the husband as the father of the deceased had kept some money of the deceased, hence the deceased had committed suicide. There is no direct averment of abetment to commit the suicide as required under section 306 I.P.C and no case under Section 302 I.P.C is made out. Moreover, it is urged that in view of section Section 113A of the Evidence Act, when a woman commits suicide within seven years of her marriage , then it will be presumed that she has been subjected to cruelty by her husband or any of his relative . In the present case, the marriage took place about 16 years earlier and there is also a ten years old son.
Per contra, learned AGA opposed the prayer for bail and argued that the onus lies on the applicant to explain how the deceased had died.
Having considered the submissions of the parties and without expressing any opinion on the merits of the case, let the applicant Mustaqim alias Chhotey involved in case crime No. 238 of 2009, under Section 302 I.P.C., P.S. Kotwali, district Etawah be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.
Order Date :- 11.1.2010 sfa/