Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12014 of 2019 Applicant :- Udresh Kumar Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Yadav,Sanjay Kumar Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Sanjay Kumar Vishwakarma, learned counsel for applicant, Sri J.K. Jaiswal, the learned A.G.A. and perused the records.
Applicant - Udresh Kumar Kushwaha seeks bail in Case Crime No.237/2018, under Section 498-A. 304-B IPC and 3/4 D.P. Act, P.S. Manda, District - Allahabad.
It is submitted on behalf of the applicant that he happens to be the husband of the victim, who committed suicide by hanging herself not for reasons attributable to demand of dowry rather she was in deep stress, as she could not enjoy her motherhood even after 3 years of marriage, coupled with the fact that PW-1 and 2 have not supported the prosecution case, applicant is in jail since 16.8.2018, undertakes not to misuse the liberty, he be enlarged on bail.
Learned AGA opposed the prayer for bail.
The applicant is the husband and the charged offence is serious. Death is unnatural, within the prohibited period and the contentions advanced can only be considered at the stage of trial including the testimony of hostile witnesses.
The bail is rejected. Trial expedited.
Order Date :- 21.8.2019 N.S.Rathour