Bail may be granted to women accused of serious offences under special provisions, considering individual circumstances and the nature of allegations.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 90 of 2024, dated 29.10.2024 for the commission of offences punishable under Section 108 read with Section 3(5) of Bhartiya Nayaya Sanhita, 2023 (BNS), registered at Police Station BSL Colony, Sundernagar, District Mandi, H.P. The petitioner is innocent and he was falsely implicated. The investigation is complete and no recovery is to be effected from the petitioner. The deceased was a member of the joint family. All the adult family members have been arrested and there is no one to look after the children aged 11 years, 08 years and 05 years. The petitioner is a chronic heart patient and has undergone cardiac surgery in PGI. She has recovered from scrub typhus and is suffering from ESCHAR with Acute Respiratory Distress Syndrome. The conclusion of the trial is likely to take considerable time. The petitioner has roots in the society and is unlikely to abscond. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence it was prayed that the present petition be allowed and the petitioner be released on bail.

2. The petition is opposed by filing a status report asserting that the police received an information on 28.10.2024 from Civil Hospital, Sundernagar that a woman was brought to Civil Hospital in burnt condition. The police went to the hospital and asked the Medical Officer regarding the victim’s competence to make a statement. The Medical Officer certified that the victim was not fit to make the statement and referred her to PGI, Chandigarh. The victim’s father made a statement before the police, stating that the victim was married to Pawan Kumar. The petitioner and other co-accused harassed the victim for not doing household chores. Co-accused Chuhru Ram used to act indecently with the victim and she complained to the petitioner but the petitioner did not take any action. The victim’s husband used to beat her in a state of intoxication. The petitioner and other co-accused used to abuse the victim. The police registered the FIR and conducted the investigation. The victim subsequently succumbed to her injuries, and as per the postmortem report, the cause of death was burn shock consequent to thermal burns. It was found after the investigation that the petitioner and co-accused did not permit the victim to visit her parental home. They used to abuse the victim. The co-accused Chuhru Ram used to act indecently with her. The victim told this fact to the present petitioner, who found fault of the victim. Victim’s Mangalsutra was missing and the petitioner taunted her by saying that she had sold it in the market, however, lateron the mangalsutra was found with the husband of the victim. The petitioner also entered into a compromise in which she undertook not to cast aspersions upon the victim’s character. The petitioner is involved in the commission of the heinous offence. Hence the status report.

3. I have heard Mr. Varun Rana, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General, for the respondent-State.

4. Mr Varun Rana, learned counsel for the petitioner, submitted that the petitioner is innocent and she was falsely implicated. As per the compromise, the petitioner had undertaken not to cast aspersions on the character of the victim on 16.4.2023. The victim committed suicide on 28.10.2024 after the lapse of one and a half years, and it cannot be said that the petitioner’s act had led the victim to commit suicid