JUDGMENT :

1. Heard Shri Ashish Raman Mishra, the learned counsel for the applicant, Shri Shiv Ram Tiwari, the learned A.G.A. for the State and perused the record.

2. The applicant, Malik Ram @ Dinesh, has moved the present bail application seeking bail in Case Crime No. 385 of 2020 (Session Trial No. 527 of 2021), under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Rupaidiha, District Bahraich.

3. As per the version of F.I.R. dated 28.09.2020 the complainant alleges that marriage of her daughter, Arti Devi was solemnized with the applicant two years back, but the in-laws of her daughter were not satisfied with the dowry given at the time of marriage and they used to make demand of motorcycle in the form of additional dowry regularly, and on account of non fulfillment of the said demand, they used to meet cruelty and torture to the daughter of complainant. On 19.09.2020 the mother-in-law of the daughter of complainant informed him that his daughter has hanged herself.

4. Learned counsel for the applicant submits that applicant has falsely been implicated in the case. No such incident as alleged by the prosecution took place. Neither any further demand was made by the in-laws of the deceased including the applicant, nor any complaint was ever made after the marriage or prior to the date of incident. It has further been argued that case of the applicant is that the deceased had committed suicide as she was a short tamper lady and always pressurizing the applicant to live separately from his parents, which demand was used to refuse by the applicant, on account of which the deceased remained under mental pressure, and ultimately on the date of incident she committed suicide by hanging herself.

5. Learned counsel for the applicant further submits that on incorrect facts only with intention to implicate the applicant and his other family members the F.I.R. was lodged by the informant against the applicant and his two other family members by making general allegations of demand of additional dowry, even same allegation has been made in the statement of the complainant recorded under Section 161 Cr.P.C. There is no incriminating evidence against the applicant for demand of dowry and consequently, harassment or torture of the deceased.

6. Learned counsel for the applicant further submits that as per the postmortem report of the deceased cause of death is asphyxia due to ante mortem hanging. It has also been submitted that except one oblique ligature mark of size 28 c.m. x 2.5 c.m. all around the neck no other injury was found on the person of the deceased. In support of his argument learned counsel for the applicant placed reliance upon the extract of Modi's Medical Jurisprudence, wherein definition of hanging has been described and as per the postmortem report of the deceased it is identical to the definition of hanging given in Modi's Jurisprudence. Learned counsel for the applicant submits that since the definition of hanging given in Modi's Jurisprudence and the postmortem report of the deceased are identical, it appears a case of committing suicide by hanging and not the murder.

7. Learned counsel for the applicant further submits that on similar allegations the mother and father of the applicant have already been granted bail by a coordinate Bench of this Court vide orders dated 10.02.2021 and 08.04.2021 passed in Bail Nos. 1748 and 2073, both of the year 2021, copies of which have been annexed as Annexure-8 to the affidavit filed in support of the bail application. As general role has been assigned to all the accused persons including the applicant who is the husband of the deceased, therefore, the case of applicant is not on the worse footing than that of the other co-accused who have been enlarged on bail, therefore, the applicant may also be enlarged on bail by this Court sympathetically.

8. Several other submissions in order to demonstrate the falsity of the allegations made against the applic