The court considered the nature of the offence, the absence of previous criminal history, and the overall facts and circumstances of the case in granting bail to the accused-applicant.

JUDGMENT :

MOHD. FAIZ ALAM KHAN, J.

1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and Mr. Dharmendra Kumar Gupta, learned counsel for the complainant/informant and perused the record.

Counter affidavit filed on behalf of the complainant/informant is taken on record.

2. This bail application has been moved by the accused/applicant-Geeta Devi for grant of bail in Case Crime No. 0300 of 2023, under Sections 498-A and 304-B I.P.C. read with Section 3/4 of the Dowry Prohibition Act, Police Station Talgaon, District Sitapur, during trial.

3. Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in this case and she has not committed any offence, as claimed by the prosecution.

4. It is further submitted that the applicant is the mother-in-law of the deceased who appears to have committed suicide a little after two years of her marriage with the son of the applicant. Since the marriage of son of the applicant with the deceased, they are living separately in the same house and the applicant was not having any concern with their affairs. It is vehemently submitted that since the applicant was not having any concern with the affairs of the deceased and her son, she may not be obliged to explain the circumstances under which the deceased has committed suicide, more so, when the dead-body of the deceased has been found in the shop situated outside the house and the same could only be explained by the husband of the deceased. It is also submitted that the applicant, being a rustic village lady, may not be the beneficiary of rupees three lakh, which was being allegedly demanded.

5. While highlighting an FIR bearing case crime no. 0278 of 2023 lodged by one Anuj Kumar Maurya and the statement of the prosecutrix of that case recorded under Section 164 Cr.P.C. it is highlighted that since the name of husband of the deceased was surfaced in that case, aggrieved by the same, the deceased has committed suicide and the theory of demand of dowry has been carved out subsequently. It is next submitted that applicant is in jail in this case since 09.10.2023 and she is not carrying any criminal history. Charge-sheet in this case has been filed and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

6. Learned A.G.A. however, opposes the prayer of bail of the applicant on the ground that the applicant has committed a heinous offence and having regard to the material/evidence available against the applicant, she is not entitled to be released on bail.

7. Learned counsel for the complainant/informant vehemently opposes the bail plea of the applicant by showing some photographs of the deceased enclosed with the counter affidavit in order to show the posture of the dead-body of the deceased and though the cause of death has been ascertained as asphyxia due to antemortem hanging, but it is a case of strangulation and the deceased has been done to death and she has not committed suicide and, thus, the applicant is not entitled to be released on bail.

8. Having heard learned counsel for the parties and having perused the record, the postmortem report of the deceased would reveal that a ligature mark has been found around neck of the deceased and cause of death has been ascertained as asphyxia due to antemortem hanging. The applicant is the mother-in-law of the deceased. Separate living in the same house has been claimed and, on that basis, it is submitted that since the applicant was living separately in the same house, she may not be obliged to explain the circumstances under which the deceased has committed suicide or has been done to death as the same could only be explained by the husband of the deceased and the applicant may not be the beneficiary of the alleged dowry. Applicant is in jail in this case since 09.10.2023 without any previous criminal history. The pr