JUDGMENT :

1. Heard Shri Gopal Swaroop Chaturvedi, learned Senior Counsel assisted by Shri Alok Ranjan, learned counsel for the applicant, Shri Shiv Kumar Pal, learned Government Advocate assisted by Shri Om Prakash Dwivedi, learned Additional Government Advocate representing the State and Shri Raghuvansh Mishra, learned counsel along with Shri Vidit Agarwal and Shri Ashwani Tripathi, learned counsel appearing on behalf of the first informant.

2. By means of this application under Sections 439 of the Code of Criminal Procedure, applicant Suryansh Kharbanda, who is involved in Case Crime No. 162 of 2021, under Sections 498-A, 323, 504, 506, 304-B, 120-B IPC and Section ¾ of Dowry Prohibition Act, police station Nazirabad, district Kanpur Nagar, seeks enlargement on bail during the pendency of trial.

3. In short compass the facts of the case are that the informant Pawan Grover, who is the father of Anchal Kharbanda (hereinafter referred as 'the deceased') lodged a first information report on 20.11.2021 in respect of the incident which took place on 19.11.2021 against Suryansh (husband) Nisha (mother-in-law) Bharat Grover alias Kaku (phupha), Minakshi, Annu Khullar (paternal aunt) Puneet Kotwani, (brother-in-law)(Bahnoi) Nikita Kotwani (sister-in-law)(nand) and Tanya Grover with the allegations that the aforesaid accused persons used to demand Rs. 70,00,000/-(rupees seventy lac ) and indulged in fight (Marpeet) with his daughter and instigate her to commit suicide. Suryansh and his mother Nisha are of bad character and they also wanted to drag the victim in that misdeed. On 12.11.2021, all the accused persons with common intention tortured the victim physically and mentally and in the evening Suryansh, husband of the victim after beating her, took her cash and jewelries. The said incident was reported to the police by dialing 112 and 181. The FIR further alleges that her daughter used to telephone him several times a day and tell him about the harassment and torture meted out to her by her family members. On 19.11.2021 when the victim did not make any call, he informed the police by dialing 181 and when he went to the matrimonial house of the victim, he found her daughter dead hanging from the fan. All the aforementioned accused persons with common intention after killing his daughter hanged her from the fan.

4. After getting the information, the police rushed to the spot and conducted inquest proceeding as well as post mortem examination on the body of the deceased.

5. Inquest on the body of the deceased was conducted on 20.11.2021 between 8.30 AM to 11.15 AM, in which Shri Jitendra Bhalla (maternal uncle of the deceased), Shri Rajeev Madan, (Mausa of the deceased) Shri Arun Grover (uncle of the deceased), Shri Akshay (brother of the deceased) and Smt. Reeta Grover (aunt of the deceased) were the witnesses of inquest proceedings.

6. Post mortem on the cadaver was conducted by Doctor Sunil Kumar on 20.11.2021 at 12.55 PM. Doctor found the following ante-mortem injuries:

“Ligature Mark 29 cm x 3.5 cm around the neck with a gap of 7 cm right side back of neck.

Distance 5.5 cm below chin, 6 cm below left ear and 1.5 cm below right ear.

On dissection white hard and glistering subcutaneous tissue present under the ligature mark.”

7. Shri Gopal Swaroop Chaturvedi, learned Senior Advocate appearing on behalf of the applicant submits as under:

7.1 Keeping in view the injuries sustained by the deceased, it is a case of hanging and not strangulation.

7.2 There was no mention of any dowry demand in the suicide note, which was given by the father of the deceased to the police on