- (1.) HEARD Sri Atul Kumar, learned counsel for the applicant and learned A.G.A. for the State.
(2.) THE prayer for bail has been made on behalf of the applicant who is involved in the Case Crime No.213 of 2012, under Section 498 -A, 306, IPC, Police Station Jaidpur, District Barabanki.
(3.) THE deceased Ram Janki was the wife of the applicant, whose dead body was found in the well situate in the filed of applicant. According to the post mortem report, the death occurred on account of asphyxia as a result of anti mortem drowing. Initially, the first information report was lodged under Section 498 -A and 304 -B IPC and Section 3/4, D.P. Act but later on during investigation, it was found that the marriage between the applicant and the deceased took place more than seven years ago. It was also alleged that the applicant has illicit releation and, therefore, the deceased has committed suicide. During the course of argument, learned counsel for the applicant has not given any explanation as to why her wife comitted suicide. However, he relied upon the judgment in the case of Kantilal Martaji Pandor Vs. State of Gujarat and another,2013 3 JIC 553 and in the case of Pinakin Mahipatray Rawal Vs. State of Gujarat,2013 3 JIC 840 and submitted that the allegation of extra -marital relationship shall not constitute abetment leading to the act of sucide. It was further submitted by learned counsel for the applicant that the allegation of demand of dowry and crulty were not found against the applicant. It was lastly submitted by learned counsel that the co -accused Vidyawati, Surendra and Baijanta have already been enlarged on bail by the court below and the applicant is in jail since 18.07.2012.;