The absence of a viscera report and specific allegations of dowry demand, along with the applicant's clean criminal history, justified the granting of bail.

JUDGMENT :

Sameer Jain, J.

1. Supplementary affidavit filed on behalf of the applicant and counter affidavit filed on behalf of the State-respondent in Court today are taken on record.

2. Heard Shri Kapil Tyagi, learned counsel for the applicant and Dr. S. B. Maurya, learned A.G.A.-I for the State-respondent.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.804 of 2022, under Sections 498-A, 304-B, 302 IPC and Sections 3/4 D. P. Act, Police Station Loni Border, District Ghaziabad, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 28.10.2022 against applicant and his mother and according to the F.I.R., marriage of the applicant was solemnized with the sister of the informant on 07.05.2021 and on 26.10.2022 they committed her murder. It is further mentioned in the FIR that applicant and his mother used to torture the deceased for dowry.

5. Learned counsel for applicant submits that applicant is husband of the deceased and on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter.

6. He further submits that actually deceased wanted to perform marriage with brother-in-law of her sister i.e. informant namely Himanshu but her marriage could not be solemnized with Himanshu and her marriage was solemnized with the applicant therefore, she was not satisfied with her marriage with the applicant and only to due this reason, within seventeen months of her marriage, she committed suicide after consuming some poisonous substance.

7. He further submits that post-mortem report of the deceased suggests that cause of death could not be ascertained and her viscera was preserved but till date viscera report is not on record.

8. He further submits that even in the FIR, there is no specific allegation of demand of dowry. However, when the statements of witnesses were recorded during investigation then they started making allegation that there was demand of a T.V. and this fact clearly suggests that on the basis of false allegation of demand of dowry, applicant has been made accused in the present matter.

9. He further submits that immediately after the alleged incident applicant rushed the deceased to the hospital and this fact is evident from medical report of the deceased, which has been annexed alongwith the instant bail application.

10. He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 29.10.2022 i.e. for more than one and a half years.

11. Per contra, learned AGA-I opposed the prayer for bail and submits that applicant is the husband of the deceased and his wife died within seventeen months of her marriage after consuming some poisonous substance and there was also allegation of demand of dowry and torture but he could not dispute the fact that till date viscera report of the deceased is not on record and there is no evidence till date on record, which can show that deceased died under abnormal circumstances in her matrimonial home.

12. He further could not dispute the fact that applicant is not having any previous criminal history and he is in jail in the present matter since 29.10.2022 i.e. for more than one and a half years.

13. He further could not dispute the fact that applicant himself admitted the deceased in the hospital.

14. I have heard learned counsel for both the parties and perused the record of the case.

15. From the record, it reflects that applicant is the husband of the deceased and his wife died within seventeen months of her marriage and as per prosecution, she consumed some poisonous substance due to the harassment of the applicant and his mother but till date there is no viscera report of the deceased on record.

16. On 22.07.2024 a specific direction was given to the learned A.G.A. to file viscera report of the deceased but however, pursuant to the order dated 22.07.2024 learned A.G.A. filed counter affidavit today in the Co