RAVINDRA SINGH,J. - (1.) 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.
(2.) 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. 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.
(3.) THE applicant applies for bail before the learned Sessions Judge, Saharanpur, who rejected the same on 2.8.2010.;