IMPORTANT POINT
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged pre-conviction detention without trial is unjust and infringes upon personal liberty.

ORDER :

(Farjand Ali, J.) :

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below :

2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against her and her incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and she has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

4. I have considered the submissions made by both the parties and have perused the material available on record. It is the allegation of the prosecution that the petitioner Smt. Pampo Devi was already married to one-Krishan Ram who solemnized marriage with the daughter of the complainant.

5. To attract the provision under Section 304-B of the IPC, three conditions are required which are following:-

(i) One is that the death of the bride should have occurred within seven years of her marriage.

(ii) The second is that the death should occur other than in normal circumstance.

(iii) And the third, which is very crucial and is in three parts. As per the third condition, if it is shown that soon before the death of the deceased, the deceased was subjected to maltreatment or cruelty for or in connection of demand of dowry by her husband or any of the relative, then such death shall be called a dowry death. The third condition has three components.

(A) There must be cruelty,

(B) it must be with regard to demand of dowry,

(C) that the cruelty must have been done soon before the death of the deceased.

6. Upon fulfilling of all the three conditions enumerated in the provision, a presumption under Section 113-B of the Indian Evidence Act can be drawn. Simply the fact that the death occurred within 7 years of marriage other than in normal circumstance is not sufficient to attract the provision under Section 304-B of the IPC or for drawing presumption under Section 113-B of the Indian Evidence Act.

(D) The elastic interpretation of the expression “Soon before” can be done and which may be few days, few weeks or few months in certain cases but in any case, the death should have an inextricable nexus with the dowry related cruelty.

7. This Court is not convinced on this fact that the petitioner who was the first wife of the husband of the deceased would behave cruelly towards the bride in connection of demand of dowry as the same is supposed to be done by the in-laws of the deceased but not by the petitioner. There may be many other reasons for the petitioner to behave cruelly but not with regard to demand of dowry as it is felt as on date.

8. Be that as it may, the petitioner is a lady. She is behind the bars more than six years and the trial is not going to be culminated in a near future. Looking to the snail’s pace progress of the trial, it can be assumed that further more time shall be taken in reaching of the trial to a legitimate conclusion. Delay in trial always infringes fundamental right of an accused which is otherwise guaranteed by the Constitution of India. Here in this case, where fundamental right of the petitioner of having speedy trial has been violated as she is behind the bars for long more than six years. There is special provision under Section 437 of the Cr.P.C. suggesting taking of a lenient view in granting bail to a lady, sick, infirm and