Bail granted despite dowry allegations due to lack of prior criminal history and circumstances of the case.

JUDGMENT :

Sameer Jain, J.

1. Heard Sri Pratap Kanchan Singh, learned counsel for the applicant, Sri Umesh Kumar, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 291 of 2024, under Sections 80, 85 BNS & 3/4 D.P. Act, Police Station-Kotwali, District-Muzaffar Nagar, during pendency of the trial in the court below.

3. FIR of the present case was lodged on 05.07.2024 against applicant under Section 108 BNS and according to FIR, marriage of the applicant was solemnized with the daughter of the informant on 07.03.2024 and after marriage, applicant used to made assault upon her and due to this reason, on 05.07.2024, she committed suicide.

4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged only under Section 108 BNS and there was no allegation of demand of dowry in the FIR but during investigation, when the second statement of the informant was recorded then he changed his earlier version and stated that due to demand of dowry, deceased committed suicide and thereafter, case was converted under Section 80 BNS. He further submitted that actually it is not a case of dowry death and deceased committed suicide due to bad behaviour of her father i.e. informant.

5. He further submitted that deceased and applicant both loved each other but informant was against their marriage and however, due to pressure of the deceased, he had to perform marriage of deceased with him but even after their marriage, informant did not like their relationship. He further submitted that before marriage of applicant and deceased, informant made a demand of Rs. 50,000/- from the applicant and applicant paid him Rs. 50,000/- and this fact is evident from page no. 76 of the affidavit, which is the detail of the transaction of Rs. 40,000/- and rest amount was paid in cash. He next submits, when deceased came to know about this fact then hot conversation took place between her and her father and thereafter on the same day i.e. on 05.07.2024, she committed suicide by hanging herself.

6. He further submitted that post-mortem report of the deceased also suggests that she died due to hanging.

7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 07.02.2024 i.e. for last more than six months.

8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the husband of the deceased and his wife died under abnormal circumstances within four months of her marriage and there is also allegation of demand of dowry but could not dispute the fact that initially FIR was lodged only under Section 108 BNS and in the FIR, there is no allegation of demand of dowry. They further could not dispute the fact that post-mortem report of the deceased suggests that she died due to hanging.

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

10. However, applicant is the husband of the deceased and his wife died within four months of her marriage under abnormal circumstances and there is also allegation of demand of dowry but it reflects that FIR was lodged only under Section 108 BNS and there is no allegation of demand of dowry in the FIR and subsequently when the second statement of the informant was recorded during investigation then he started making allegation that there was demand of dowry and thereafter case was converted under Section 80 BNS.

11. Further, post-mortem report of the deceased suggests that she died due to hanging, therefore, it cannot be said that it is not a case of suicidal death.

12. Further, after considering entire facts of the case, the reason of suicide of his wife given by applicant in the instant bail application, cannot be completely ruled out at this stage.

13. Further, applicant is not having any criminal history