Akash was arrested on the suspicion of murder of his wife, Anjali whom he had married seven months ago after divorcing his first wife Bhawna. He was released on bail after being in custody for three months as the chargesheet was not filed within a period of 90 days of the alleged murder. The specific conditions to be observed by him while on bail were that he will not contact Anjali's family which included her mother, father and brother. He will not temper with evidence or influence any other witness. He will make himself available for further investigation and trial.
A day after his release, the charge sheet was filed alleging that Akash was guilty of murder. The prosecution moved the Sessions Court for cancellation of is bail on the ground that key witnesses had not been examined in the case and Akash was likely to influence witnesses. He had many convictions for aggressive behavior in the past and there is reasonable apprehension that he will threaten witnesses. His bail was cancelled by the Session Court keeping in view the following circumstances in which Akash was alleged to have murdered Anjali.
Akash was married to Bhawna for six years. He had intermittent employment during that period. He used to get into fights whenever he had no employment and he had been convicted thrice each for offences under Section 323 and Section 326 of IPC during that period.
He had enrolled himself in LL.B. evening course and there he met Ms. Anjali. He used to tell her how badly he was being treated by his wife and had obtained her sympathy. He used to dream of becoming a big corporate lawyer after finishing his LL.B. degree.
Ten months ago, Bhawna obtained divorce from Akash on the ground of cruelty. The custody of their son was given to Bhawna due to instability in Akash's life.
However, he told Anjali that he had got divorce on the ground of cruelty by his wife and still has magnanimously allowed her to keep their son. Anjali had a very high opinion of Akash and married him soon after joining her new job. However, she soon discovered his habit of drinking and anger problem. One day he went to his office in a drunken state and created scene. His senior fired him immediately. Life became more difficult ever since. Anjali had told her mother on many occasions how difficult things were becoming between her and Akash. On the date of the incident, Akash and Anjali both had gone out for dinner in a five star hotel to celebrate six months of their marriage. She ordered Champaign and both of them cheered for a happy married life. Then Akash ordered whiskey and started drinking despite objections by Anjali. After sixth peg when she asked him to stop, he got angry and started abusing Anjali in front of other guests in the Hotel. With great difficulty she got him into the car and the driver dropped them home.
After reaching home, Anjali called up her mother and was telling her about what all had happened in the Hotel. Akash overheard the conversation and became very angry when she referred to him as drunkard and a beast. He went to the kitchen and returned with the kitchen knife. Seeing Akash, Anjali screamed in the phone telling her mother that Akash was approaching her with the kitchen knife. Before Anjali could say anything more, her mother heard a scream and then the phone went dead. Akash confessed to having stabbed Anjali in a fit of anger. The kitchen knife was recovered from the Park as pointed out by Akash.
Akash has appealed to the High Court challenging cancellation of his bail on the ground that his bail could not have been cancelled in these circumstances and his release on bail should be restored. The State is objecting to his release due to his past history of anger and the fact that statements of key witnesses have yet not been recorded.
Suggest Arguments from the respondent side please
