Bail is the rule and an under-trial is not required to be in jail forever pending trial.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43426

of 2022

Applicant :- Smt Chhotiraja

Opposite Party :- State of U.P.

Counsel for Applicant :- Shiv Babu Dubey,Satyam Narayan

Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

1. Heard learned counsel for applicant, learned Additional

Government Advocate appearing on behalf of State and perused

the record.

2. This first bail application has been filed with regard to Case

Crime No. 85 of 2022 under Sections 498A, 304B, 315 IPC and

3/4 Dowry Prohibition Act, P.S. Banpur, District Lalitpur.

3. Applicant is mother in law (Saas) of deceased and as per

contents of FIR marriage between his son and the sister of first

informant had taken place 11 months prior to the date of

incident whereafter she was continuously harassed for dowry

and upon its unfulfilment, he is said to have been murdered on

15th May, 2022.

4. Learned counsel for applicant submits that the applicant has

been falsely implicated in the charges levelled against him only

on account of fact that he is mother-in-law of deceased. It is

submitted that only general allegations of dowry harassment

have been levelled against all the family members without any

specific role being assigned to the applicant either in the F.I.R.

or even in the statement of first informant under Section 161

Cr.P.C. Attention has been drawn to the post mortem report

indicating that there are no external injuries on the body of

deceased except for a ligature mark around the neck and death

has occasioned as a result of asphyxia due to anti mortem

hanging. It is submitted that applicant is old aged lady and is

living separately from the couple and is under incarceration

since 17th May, 2022. He lastly submits that the devar namely,

Jagendra Singh has already been enlarged on bail by co-

ordinate Bench of this Court, vide order dated 15.12.2022

passed in Criminal Misc. Bail Application No. 57151 of 2022,

copy of which has been produced before this Court and is taken

on record.

5. Learned A.G.A. appearing on behalf of State has opposed

bail application with the submission that contents of F.I.R. are

duly supported by first informant under Section 161 Cr.P.C.

6. Considering submissions advanced by learned counsel for

parties and upon perusal of material on record, prima facie

subject to evidence led in trial, it appears that only general

allegations of dowry demand have been made against all the

family members of husband of deceased. Documentary

evidence though subject to further evidence during trial, has

been adverted to indicate separate living of the applicant from

couple while husband of deceased is already under custody. The

post mortem report does not indicate any external injuries on

the body of deceased except for a ligature mark around the neck

and death has occasioned due to anti mortem hanging.

Applicant is in jail since 17th May, 2022 and at this stage there

does not appear to be any credible evidence against him.

7. Hon'ble the Supreme Court in Sanjay Chandra v. Central

Bureau of Investigation, reported in (2012) 1 SCC 40 has

specifically held that bail is to be a norm and an under-trial is

not required to be in jail for ever pending trial. Relevant

paragraphs of the judgment are as under :-

"21. In bail applications, generally, it has been laid down from

the earliest times that the object of bail is to secure the

appearance of the accused person at his trial by reasonable

amount of bail. The object of bail is neither punitive nor

preventative. Deprivation of liberty must be considered a

punishment, unless it is required to ensure that an accused

person will stand his trial when called upon. The courts owe

more than verbal respect to the principle that punishment begins

after conviction, and that every man is deemed to be innocent

until duly tried and duly found guilty."

"27. This Court, time and again, has stated t