The main legal point established in the judgment is the requirement for judicious exercise of discretion in granting bail, the importance of reasons for granting bail, and the duty to accord reasons for a decision.

ORDER : – This application has been registered under section 439(2) of Criminal Procedure Code in exercise of suo motu power by this Court by order dated 7-9-2021 passed in M.Cr.C. No. 41406/2021 and a show cause notice was issued to the respondent as to why the bail granted by the trial Court be not cancelled.

2. It is not out of place to mention here that the respondent was absconding and could be arrested only on 16-7-2021. It is also not out of place to mention here that the deceased died within a period of four years from the date of her marriage and, accordingly, Crime No. 96/2020 was registered at Police Station Devgarh District Morena for offence under sections 498-A, 304-B and 34 of Indian Penal Code and section 3/4 of Dowry Prohibition Act. The husband of the deceased as well as the husband of the respondent were arrested. Their bail applications were rejected. The husband of the respondent namely Charan Singh was arrested on 22-9-2020.

3. The husband of the deceased namely Pankaj Singh Sikarwar moved his second application under section 439 of Criminal Procedure Code which was registered as M.Cr.C. No. 41406/2021 as his first bail application was rejected mainly on the ground that his mother (respondent) is still absconding. It was submitted by the counsel for Pankaj Singh Sikarwar that now her mother has surrendered on 16-7-2021 and she has been granted bail by the Sessions Court by order dated 5-8-2021 and, accordingly, the order dated 5-8-2021 passed by the First Additional Sessions Judge, Jaura District Morena in B.A. No. 357/2021 was also placed on record.

4. Considering the fact that the trial Court did not consider the fact of abscondance of the respondent and, accordingly, record of B.A. No. 357/2021 was called and after going through the said record, this Court found that in the bail application, it was mentioned that co-accused Gudiya @ Reema Sikarwar has been granted anticipatory bail by this Court by order dated 2-11-2020 passed in M.Cr.C. No. 41347/2021 and similarly, Subedar Singh has been granted anticipatory bail by the Additional Sessions Judge, Jaura District Morena by order dated 8-11-2020 passed in B.A. No. 972/2020 and the co-accused Charan Singh has also been granted bail. It was also mentioned in the bail application that the supplementary charge-sheet has also been filed against the respondent on 2-8-2021. It was further submitted that the respondent is an old lady and medically sick and in case, if she is not released on bail, then it may be detrimental to her life and her family may come on the verge of starvation.

5. While deciding M.Cr.C. No. 41406/2021, this Court came to a conclusion that it is clear from the application filed by the respondent that she has not given any explanation as to why she was absconding specifically when her husband and her family members were already facing trial. The deceased died on 11-9-2020 and the charge-sheet against the accused persons was filed on 13-12-2020 and it was specifically mentioned that the respondent is absconding. While deciding M.Cr.C. No. 41406/2021, this Court came to a conclusion that the Court below has not applied its mind to the allegations levelled against the respondent and, accordingly, the show cause notice was issued as to why the bail granted to the respondent may not be cancelled.

6. The allegations against the respondent are that the deceased was married to the son of the applicant about four years back and the respondent and her father-in-law as well as other in-laws were harassing the deceased on account of non-fulfillment of demand of motorcycle and an amount of Rs. 50,000/-. The respondent was arrested on 16-7-2021, i.e., approximately 10 months after the death of the deceased and seven months after the charge-sheet was filed against the co-accused persons. She surrendered only after her husband was granted bail.

7. It