Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38369 of 2019 Applicant :- Raj Kumar And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajiv Dwivedi,Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over application for grant of anticipatory bail moved under Section 438 Cr.P.C. by Raj Kumar (father-in-law) and Smt. Anita (mother-in-law) in Case Crime No. 718 of 2019, under Sections 498-A, 306, 504 I.P.C. and Section 3/4 D.P. Act, Police Station Modi Nagar, District Ghaziabad.
Learned counsel for the applicants argued that husband is already in jail and present applicants are of no concern with above occurrence, in which deceased committed suicide at her parental house and co-accused Smt. Deepti Malik @ Deepu and Rohit have been enlarged on bail on anticipatory bail in Criminal Misc. Bail application No. 37019 of 2019. No cruelty or abatement for commission of suicide against them was there. Hence, this anticipatory bail application.
Learned counsel for the informant as well as learned A.G.A. opposed the prayer for anticipatory bail with this contention that marriage was performed on 3.3.2019 and this occurrence took place on 25.7.2019 i.e. within four months of marriage. There was cruelty with regard to dowry, mental torture amounting to abatement, thereby, deceased committed suicide by writing a suicidal note and as co-accused persons happens to be married nanad and cousin dewar, were having no role in suicidal note, hence, they were granted anticipatory bail but regarding present applicants there is accusation in above suicidal note. Bail be rejected.
Having heard learned counsels for both sides and gone through First Information Report and suicidal note, it is apparent that this commission of suicide within five years of marriage by deceased, after writing a suicidal note, with specific mention of mental cruelty by her mother-in-law and no look after by father- in-law that what is going on in the house, hence, she committed suicide. Looking to the nature and gravity of accusation, it is not a fit case for grant of anticipatory bail.
In view of aforesaid, the application for anticipatory bail is, accordingly, rejected.
Order Date :- 27.9.2019 Kamarjahan