Evaluation of complete evidence during trial to ascertain the cause of death and completion of investigation and framing of charges as grounds for grant of bail.

JUDGMENT

Rajesh Bhardwaj, J. (Oral) - The present petition has been filed under Section 439 Cr.P.C for grant of regular bail to the petitioner in FIR No.66 dated 26.4.2021 registered under Sections 304-B, 498-A, 406, 149 IPC at Police Station, Kartarpur, District Jalandhar Rural.

2. As per facts of the case, present FIR was lodged by Joga son of Fauja Singh. The allegations in the FIR are that the marriage of Parampal Kaur, who is grand daughter of complainant's sister took place on 25.4.2021 with Supreet Singh @ Sonu son of Jarnail Singh @ Jilla (petitioner). It was alleged that sufficient dowry was given in the marriage as per their status. In the morning they received a phone call from Jarnail Singh @ Jilla (petitioner) that they will not keep their daughter.

3. Complainant along with his son Balbir Singh, cousin MC Ram Singh and nephew Amarjit Singh and wife Darshan Kaur reached at in-laws house of Parampal Kaur, who told them that her mother-in-law Jaswinder Kaur @ Santosh Kaur petitioner Jarnail Singh @ Jilla, sister-in-law Navjot Kaur and her husband Supreet Singh @ Sonu were harassing her since night on account of bringing less dowry. She also told that they said that they will not keep her. She further told that she was pushed and was expelled from the matrimonial home and she became unconscious. Thereafter, Parampal Kaur was taken to Sacred Heart Maksuda, Jalandhar for her treatment where the doctor declared her dead. It was alleged that Parampal Kaur died due to harassment caused by her in-laws for bringing insufficient dowry. A request was made to take legal action against the culprits.

4. The investigation commenced and Supreet Singh i.e. husband of the deceased and the petitioner and his wife Jaswinder Kaur @ Santosh Kaur were arrested on 26.4.2021. The petitioner approached learned Addl. Sessions Judge, Jalandhar for grant of bail, however, after hearing the parties, the same was declined vide order dated 09.08.2021. Aggrieved by the same petitioner has approached this court for grant of bail.

5. Learned counsel for the petitioner has vehemently contended that though in the present case the bride died after one day of the marriage, however, the allegations levelled against the petitioner and co-accused are not at all substantiated. Counsel has drawn attention of this Court to the photographs appended with the petition and also to the medical record of the case. He submits that by no stretch of imagination it can be inferred that within a short span of the marriage the petitioner and co-accused caused any type of harassment or cruelty to the deceased. He submits that post mortem of the deceased was conducted wherein it is clearly mentioned in the Histopathological Report that 'No Opinion Possible'. The doctors could not give any specific cause of death in this case. Counsel submits that drawing the conclusion of harassment and cruelty within a day of the marriage is totally an injustice to the in-laws. Counsel submits that the death could be even by a heart attack which would be a natural cause of death. It is submitted that the petitioner is behind bars since 26.04.2021. Co-accused Jaswinder Kaur @ Santosh Kaur has already been granted bail by this Court vide order dated 02.03.2022.

6. On the other hand, learned State counsel has opposed the submissions made by counsel for the petitioner. He submits that deceased died on the very next day of the marriage. It is submitted that there are specific allegations of harassment and cruelty on account of bringing insufficient dowry levelled by the complainant. However, State counsel submits that no specific cause of death could be given by the doctors. He submits that presumption under Section 113-B of the Evidence Act is straightway attracted to the present case. It is also acknowledged that all the 3 accused are behind bars since 26.4.2021. State counsel further submits that investigation in the case is complete, challan presented and charges have also been framed. He howeve