The deceased appears to be very sensitive and possessive towards his wife, he had many other avenues and options to get rid of her (wife) than to take his own life. This order was given by Justice Rahul Chaturvedi while hearing the bail applications of petitioners Najim and Ariba together.
The story of the prosecution appears to be true according to the circumstances. The husband has committed suicide because he was under constant threats and terms of quarrel with his wife. He has developed a close relationship with the petitioner Nazim.
The deceased appears to be very sensitive and possessive towards his wife, he had many other avenues and options to get rid of her (wife) than to take his own life. This order was given by Justice Rahul Chaturvedi while hearing the bail applications of petitioners Najim and Ariba together.
The allegation of developing an extramarital affair in the view of the Court and this is the reason for committing suicide. In the light of the above decisions of the Supreme Court, the applicants are eligible for bail. Ultimately, the court granted bail to both the accused with certain conditions.
According to the prosecution, Ariba had an illicit relationship with the petitioner-Najim. This was the only root cause of the suicide of Ariba’s husband. Section 306 (abetment to suicide) has been imposed on the accused in this case.
It was submitted before the Court that the deceased used to share his feelings with the witnesses during his lifetime that they both misbehaved with the deceased and abetted him to commit suicide.
The counsel for the applicant cited several judgments of the Supreme Court asking whether extramarital affairs come within the purview of ‘cruelty’ but not within the purview of Section 107 IPC.
