The main legal point established in the judgment is that bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure their attendance, not punishment.

JUDGMENT :

Alok Kumar Verma, J.

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No. 88 of 2022, registered at police station Buggawala, District Haridwar under Section 304B of the Indian Penal Code, 1860.

2. As per the First Information Report dated 10.09.2022, the deceased Smt. Aanchal Devi, younger sister of the informant-Shiv Kumar was married with Shekhar (co-accused). A few months after the marriage, she was being harassed by the present applicant and co-accused persons demanding dowry. They strangled her sister to death with a rope on 10.09.2022.

3. According to the post-mortem report, the cause of death was asphyxia due to anti-mortem hanging.

4. After the filing of the charge-sheet, informant-Shiv Kumar (PW1) has been examined.

5. Heard Mr. T.A. Khan, learned Senior Advocate assisted by Ms. Sofiya, learned counsel for the applicant and Mr. M.A. Khan, learned A.G.A. for the State.

6. Mr. T.A. Khan, learned Senior Advocate, contended that the applicant is the mother-in-law of the deceased. She has been falsely implicated in the present matter. The deceased was residing with her husband in a separate house while the present applicant was residing in a separate house from the deceased. Applicant has no criminal history. She is in custody since 12.09.2022. She is a permanent resident of District Haridwar, therefore, there is no possibility of her absconding. Charge-sheet has already been filed and prosecution has examined the informant (brother of the deceased), therefore, there is no chance of tampering with the evidence.

7. On the other hand, learned counsel for the State has opposed the bail application.

8. The deceased Smt. Aanchal Devi was married with Shekhar, co-accused, in the year 2019. According to the informant/brother of the deceased- Shiv Kumar (PW1), Shekhar, husband of the deceased, was residing in a separate house with his wife (deceased) and his child and his parents i.e. deceased’s mother-in-law and father-in-law were residing in a separate house. Present applicant is the mother-in-law of the deceased.

9. The death of the deceased was otherwise than under natural circumstances and she has died within seven years from the date of her marriage. Apart from this, the fact, which also has to be ascertained, is, whether the deceased was subjected to the cruelty, and, the said cruelty was soon before her death in respect of demand of dowry. This fact can be ascertained in trial. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities.

10. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

11. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

12. The Bail Application is allowed.

13. Let the applicant- Smt. Kela be released on bail on her executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and she will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

14. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, Prosecution will be free to move the court