Bail is a rule and imprisonment is an exception; the prosecution must prove its case beyond a reasonable doubt for bail denial.

JUDGMENT :

Krishan Pahal, J.

[1] List has been revised.

[2] Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Ms. Neeja Srivastava and Sri Dharmendra Singh, learned counsel for the applicant and Sri Ashutosh Yadav, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record.

[3] Applicant seeks bail in Case Crime No. 415 of 2023, under Sections 498A, 304B, 328 I.P.C. and Section 3/4 of the D.P. Act, Police Station Kotwali, District Fatehpur, during the pendency of trial.

PROSECUTION STORY:

[4] The marriage of the daughter of the informant was solemnized with the applicant as per Hindu rites on 22.02.2023 and enough pleasantries and gifts were exchanged in it. It is alleged that the applicant along with other family members is stated to have subjected his daughter to cruelty for demand of a Fortuner car as an additional dowry thereby had forcibly administered her some poisonous material in the night of 04/05.06.2023 at about 1:33 a.m. whereby she informed the said fact to her father, who rushed to the house of the in-laws of his daughter and took her to Sadar Hospital, Fatehpur whereby froth was coming up from her mouth and it was smelling pungent.

[5] As such, the doctor had conducted the procedure of gastric lavage and referred her to Kanpur seeing her deteriorated condition. On way to Kanpur, daughter of the informant is stated to have expired.

ARGUMENTS ON BEHALF OF APPLICANT :

[6] The applicant has been falsely implicated in the present case and he has nothing to do with the said offence.

[7] The FIR is delayed by about ten days and there is no explanation of the said delay caused.

[8] The cause of death could not be ascertained as such the viscera was preserved and during the forensic analysis, aluminium phosphide chemical was found as such the cause of death was stated to be aluminium phosphide only.

[9] It is a clear cut case of suicide as the victim had consumed aluminium phosphide which is a common pesticide used in the house and she had consumed it herself.

[10] The inquest proceedings of the deceased person was conducted the same day i.e. on 05.06.2023 and the informant had moved an application before the Investigating Officer for the same whereby he has not whispered a single word about the demand of dowry and he has simply stated that his daughter had expired under mysterious circumstances, as such her post mortem may be conducted. The informant is panch witness no.1 in the inquest proceedings.

[11] It is true that the deceased had expired within a span of about four months of her marriage but the deceased was having close relationship with the younger brother-in-law (Devar) of her elder sister and she used to talk to him even in the late hours of the night.

[12] The said fact stands fortified from the C.D.R. details which categorically indicates that the deceased immediately before her marriage and after her marriage used to talk to him during the night.

[13] The mobile of the deceased was 8795779578 and that of the brother-in-law (devar) of her elder sister was 7068224351. The relevant dates and times of her talks in detail are being highlighted as follows :-

[14] As such, it is clear cut case of suicide as she did not