IMPORTANT POINT
The court emphasized the applicant's burden to provide a satisfactory explanation for the circumstances of the deceased's death, given the serious nature of the charges.

JUDGMENT :

Ravindra Maithani, J. (Oral)

Applicant Ravindra is in judicial custody in FIR No.987 of 2022, under Sections 304-B, 316 and 302 IPC, Police Station Kotwali Laksar, District Haridwar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, the deceased, aged 26 years, married with the applicant on 16.02.2020. They were blessed with a baby boy, who was one and a half years of age on the date of incident. The deceased was pregnant for about 6 months. On 15.10.2022, the informant, who happens to be the brother of the deceased, got an information that the deceased is unwell. They were required to proceed to Laksar. The doctor declared her dead. The FIR records that at the relevant time, the applicant told it to the informant that the deceased fell on the ground, but the informant noticed that there was a spot around the neck of the deceased.

4. Learned Senior Counsel for the applicant would submit that it is not a case of dowry death. He would refer to the statement of the brothers of the deceased, namely, Brij Pal and Shiv Kumar, to argue that both these witnesses have not stated that any demand of dowry was made from the applicant. Instead, according to them, the demand was made from the mother of the deceased, who is not a witness in the chargesheet. It is also argued that one of the witnesses, Brij Pal has stated that the applicant had an extramarital relation.

5. Learned Senior Counsel would also refer to the statement of the informant, who happens to be the brother of the deceased, to argue that the alleged demand was made from the mother of the applicant, who is not a witness in the case.

6. Learned Senior Counsel would also submit that it is a case of suicide; the applicant immediately rushed to the hospital to save the life of the deceased, but, unfortunately, she could not survive; in fact, it is the applicant, who had informed his in-laws about the condition of the deceased; the applicant is in jail for more than 18 months. Hence, it is a case fit for bail.

7. Learned counsel for the informant would submit that it is not a case of dowry death alone. It is a case of murder. The burden lies on the applicant to tell as to how the deceased died in his house, in view of Section 106 of the Indian Evidence Act, 1872. He would submit that the inquest records that there were some injuries on the person of the deceased. The ligature, it is submitted, reveals that it is the homicidal killing of the deceased.

8. Learned State Counsel adopts the arguments, as advanced by learned counsel for the informant.

9. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.

10. While arguing about the conduct of the applicant that it is he, who informed the in-laws about the condition of the deceased, learned Senior Counsel referred to the statement of the informant, Brij Pal, recorded during investigation, where, he has stated that on 15.10.2022, midnight at 1:00, he was telephoned by the applicant saying that the condition of the deceased is not well. The post-mortem report records that the cause of death is due to asphyxia, due to compression of wind pipe. It does not record any injury. In the inquest report, contusions and abrasions are noted on forehead, head and on cheeks. The site plan of the incident, as filed, does not reveal as to from which place the deceased hanged herself.

11. Learned Senior Counsel for the applicant has referred to the statement of PW4, Shiv Kumar, with regard to the condition of the room. Reference has been made to Para 62 and 63 of the statement of this witness to argue that this witness has admitted that there were some kundas on the walls. Does it mean that the deceased died due to hanging from kundas? Where were those kundas? What was the article with which ha