- (1.) B. A. Zaidi, J. A married lady with a four year old child died an unnatural death in the house of her husband. The husband applicant accused says that she hanged herself and committed suicide. The husband along with his brother and father is an accused in this case. Only the husband has come for bail to this Court.
(2.) HEARD Sri B. K. Tripathi, Advocate for the applicant and Sri Mohd. Israil Siddiqui, Addl. Government Advocate for the State. The Counsel for the accused argued that the FIR was lodged after a month of the occurrence, but, it has to be noticed that the FIR was lodged under orders of the Court under section 156 (3) Cr. P. C. which explains the delay. The Counsel for the accused further pointed out that section 304-B will not be applicable because the death of the deceased lady was more than 7 years old and the presumption under section 113-A of Evidence Act will not be applicable. The accused says that the lady committed suicide.
(3.) THERE is no indication of depression or any previous mental ailment which would have led her to commit suicide. A lady having a four year old son would not commit suicide leaving her child all alone. In any case the question whether this is homicide or suicide will have to be considered at the time of trial. No case of bail is made out. Bail refused. .;