1. Grant of concession of bail in favour of the petitioner has been declined by the trial Court as a result thereof instant petition under Section 498 Cr.P.C. Objections in detail stand filed by the respondents.

2. In connection with case registered as F.I.R No. 106 of 2010 dated 25th of April’ 2010 at police station, Domana, three accused including the petitioner were arrested for having committed offences punishable under Sections 302 and 498-A of Ranbir Penal Code (hereinafter referred to as R.P.C). Trial as against the accused is in progress.

3. Basically, one of the accused Raj Kumar was married to deceased Sunita. Said Raj Kumar, his mother Raj Rani and sister Girija allegedly were subjecting said Sunita (deceased) to harassment and were coercing her to get dowry. Having failed to meet the demands, is alleged to have been subjected to such ill treatment, wherein accused Raj Rani, mother-in-law, is said to have sprinkled kerosene oil upon Sunita (deceased), whereas Girija is said to have lit the match stick and set her on fire, as a result thereof, deceased is alleged to have succumbed to burn injuries.

4. Bail application on behalf of two accused i.e., Raj Rani and Girija has been disposed of by the learned trial Court on 17th of August’ 2010. Keeping in view the age factor i.e., accused Raj Rani being 82 years of age and suffering from Various ailments has been admitted to bail and at the same time grant of bail in favour of Girija Koul, petitioner herein, has been declined.

5. Learned counsel for the petitioner contends that petitioner-accused is 40 years old and has been married just one year back. Immediately after few months of her marriage, she has been arrested in connection with this case. At the time of occurrence Girija was neither in her parental house nor has she committed any offence. Her implication in the commission of offence is outcome of vengeance. Her indefinite incarceration will have far reaching adverse effects. Her recently tied nuptial knot is likely to get untied. Her of-late marriage has also its own effects, there is every apprehension for her to loose the chance of becoming a mother. Further added that after the date of rejection of her bail plea by the trial Court, statements of two prosecution witnesses have been recorded, the certified copies of those two statements would clearly indicate as to what type of involvement the petitioner has. It is further added that the deceased in fact was suffering from mental disease. She had developed behavioral change. Her aggressive behaviour and Physiological instability can be the cause of death by self immolation. In support of this submission, various prescriptions have been placed on record.

Learned counsel for the respondent in opposition to the contentions of the learned counsel for the petitioner, emphatically projected that a young girl has been made to lose her life. The offence committed is an offence against the society. When a woman will be as cruel against a woman, her womankind becomes a challenge to the society. The petitioner-accused has been ruthless while lighting the match stick on the kerosene oil doused body of the deceased.

Considered the rival submissions.

6. Grant of concession of bail is absolutely within the discretion of the Court. Such discretion is not unfettered, the Court has to balance the impact of grant or otherwise of the bail. While doing so has to keep in view host of circumstances i.e., the heinousness of the crime, society coupled with the position of law and presumption of innocence. The cardinal principle of criminal jurisprudence is that the accused is presumed to be innocent until guilt is brought home. The said principle is directly linked with the object of Article 21 of the Constitution where under curtailment of liberty is impermissible except for just reasons.

7. When the commission of offence is such which carries capital punishment the normal rule vis-a-vis bail has to be in negative, but for exceptions. In term

Click Here to Read the rest of this document