Judgment

Javed Iqbal Wani, J.—Through the medium of instant petition, petitioner seeks bail in anticipation of her arrest in FIR No. 0005/2021 dated 02.01.2021 for commission of offences punishable under Section 304-B IPC registered at Police Station, Samba.

2. The facts giving rise for filing of the instant petition as stated in the petition are that on false and frivolous grounds an FIR came to be registered against the petitioner in Police Station, Samba. The petitioner states to married to one Suresh Kumar in the year 2005 and remained occupied with her ailing child and hardly visited her parents and brother namely Abhishek Badyal who had been married to deceased Pallavi Gupta on 18.12.2018.

3. It is being stated that petitioner shared pleasant relationship with the deceased (her babi) having nothing ill about her in her heart or anything to seek or settle with her.

4. It is being stated that despite being innocent, petitioner was falsely implicated in the FIR by the father of the deceased who had been against his daughter’s marriage with the petitioner’s brother and is using the daughter’s death as a revenge against the petitioner and her family.

5. It is being further stated that except the petitioner all other family members including father, mother, two brothers and a sister-in-law have been arrested in the FIR on the basis of false and fabricated complaint and statement given by the father of the deceased.

6. It is being next stated that on account of the aforesaid false and fabricated complaint and FIR, respondents are harassing the applicant/petitioner and all set to arrest her.

7. It is being further stated that she is only support around her ailing son namely Shiva who in the event of her arrest will suffer an irreparable loss, besides the petitioner would also suffer an irreparable loss as she enjoys very good reputation in the society/in-laws.

8. It is being stated that prior to the filing of the instant application petitioner filed an anticipatory bail before this court being Bail App No. 22/2021 which, however, came to be dismissed on 03.02.2021 with liberty to the petitioner to approach the court of first instant and whereupon the petitioner filed application for anticipatory bail before Principal Sessions Judge, Samba, which too came to be dismissed on 26.02.2021. Petitioner while claiming to be a respectable person having deep roots in the society with no chance to jump over the bail and the conditions put by this court seeks bail in anticipation thereof.

9. Per contra, respondent in the objections filed in opposition to the instant bail application seek dismissal of the same on the premise that upon receiving of the application from the father of the deceased and undertaking inquest proceedings filed under DDR No. 08 dated 01.01.2021 commission of offences under Section 304-B IPC surfaced and resulted into registration of FIR in question.

10. It is being stated in the objections that though during the investigation, Special Investigation Team, recorded the statement of mother of the deceased under Section 161 Cr.PC and of her brother under Section 164 Cr.PC whereupon accused persons came to be arrested except the petitioner. A Special Investigation Team is stated to have been re-constituted under the supervision of T. R. Bhardwaj, Dy. SP Headquarters Samba and during the course of investigation Viscera of the deceased is stated to have been sent to the FSL Jammu and vital parts to pathological Lab Jammu for expert opinion.

11. It is being further stated that during the investigation two diaries and one notebook of the deceased came to be seized and sent to FSL Jammu, for comparison of handwriting of the deceased. One mobile phone of deceased is also stated to have been seized and sent to FSL Srinagar, for examination and reports regarding Whatsapp Chat/messages which reports are stated to be awaited. Besides statements of brother and father of the deceased are stated to have been recorded under Section 164