JUDGMENT :

MAYANK KUMAR JAIN, J.

1. Compliance affidavit filed by learned AGA is taken on record.

2. Heard Sri Shailendra Singh, learned counsel for the applicant, Sri S.K. Ojha, learned A.G.A. for the State and A.K. Mishra, learned counsel for the complainant and perused the record.

3. The present bail application has been filed on behalf of the applicant in Case Crime No. 119 of 2022, under Section 306 of IPC, Police Station Kotwali, Prayagraj with the prayer to enlarge the applicant on bail.

4. The brief facts of the case are that the informant Amarnath Tripathi, father of the deceased, lodged the first information report against the applicant and other family members stating therein that the marriage of his daughter Nisha Tripathi was solemnized with the applicant in the year 2011 according to the Hindu rituals. He spent Rs. 14 lacs and gave one Hyundai i-10 car in the marriage. After one month of the marriage, mother-in-law of his daughter started quarrelling with the deceased and threatened her to break the marriage. His daughter was serving as a teacher in Jagat Taran Intermediate College, Prayagraj. The applicant was having illicit relations with another lady. This fact was narrated to the informant by his daughter but he asked her to have patience. Two years prior to the date of incident the applicant beat his daughter. A complaint was made to the police regarding this. Prior to the date of the incident, his daughter came to his house and at that time she was not keeping in good health. She was scared of ghosts. After one week, the applicant took her with him. The applicant switched off his own and her mobile. On 19.05.2022 at around 6.00 p.m. he got the information that his daughter has died. He rushed to the house of his daughter and found that the dead body of his daughter was lying on the floor. The Applicant was torturing his daughter and treating her with cruelty. The other family members of the applicant were also indulged in the same activities.

5. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is submitted that initially the first information report was lodged under Section 302 of IPC but on the basis of the post mortem report the matter was converted under Section 306 of IPC and the charge sheet had already been filed. The applicant is the husband of the deceased Nisha Tripathi. The marriage of the applicant was solemnized with the deceased in the year 2011. The allegations made in the first information report are false and concocted and have no substance. The deceased was never subjected to any cruelty. It is submitted that the mental condition of the deceased started deteriorating from the year 2019-20 and she was suffering from intermittent explosive incidents involving repeated sudden episodes of impulsive, aggressive, violent behaviour and angry verbal outburst. The applicant was restrained by the informant himself from providing medical assistance on the ground that the deceased was highly qualified lady and she could not suffer from any kind of mental illness. Later on, the deceased started exhibiting prominent signs of mental illness which included but not limited to self smiling, self muttering, apprehension of continuously being watched, hallucinations seeing dead people and God, apprehension of phone and bank account being hacked etc. She used to abuse and physical assault the applicant and his family members on multiple occasions. The applicant preferred a complaint to the S.S.P. Prayagraj which was referred for mediation but the deceased did not appear before the Officer concerned. Since no action was taken by the police authorities, the applicant moved the application under Section 156(3) Cr.P.C. and thereafter another application in same manner was also moved. The applicant was forced to prefer a divorce petition before the competent Court. He got her examination done by a psychiatrist and preferred an