ORDER

Crime No. Under section Police Station Arrest Date 36/2021 498-A, 306, 34 of Indian Penal Code Naryawali district Sagar 04.02.2021 As declared by the petitioner, this is the first bail application under Section 439 of Cr.P.C.

2. The prosecution case, in brief, is that deceased Priyanka married Rajendra Patel about 5 year back. About 4-5 months prior to the incident she eloped with the son of the petitioner Neeraj Patel. They both married. After three months of marriage they both came to the house of the petitioner, who accepted their marriage and the deceased as her daughter- in-law. On 3.1.2021, petitioner and her son Neeraj Patel took the deceased to the hospital on a complaint of stomach ache and nausea and got her admitted in Tilli Hospital, Sagar. When her condition further deteriorated, she was referred to the Medical College, Hospital where during the treatment she died on 7.1.2021. The Postmortem report revealed that the death was due to “Cardiorespiratory Arrest as a result of suspected Poisoning”. After receiving information the Police registered Merg and also the crime and investigated the same.

3. During the investigation the police registered statement of parents brother, sister and sister-in-law of the deceased who alleged that the petitioner was harassing the deceased for her failure to conceive even after 5 years of the marriage; therefore, she committed sucide.

4. The learned counsel for the petitioner submitted that the fact that the deceased first married to Rajendra about 5-6 years back and the son of the petitioner married her just 5 months prior to the incident has not been controverted by the prosecution that even after the marriage, the son of the petitioner and deceased did not come to her house. Just two months prior to death, the deceased had come to her house and she accepted her as her daughter-in-law. Therefore, the allegation that she harassed the deceased on account of her failure to conceive is prima facie not trustworthy. The F.S.L to confirm suspicion of the doctor regarding cause of death has not been produced. The petitioner is a woman. She is languishing in jail since 4.2.2021. The investigation is over and the charge-sheet has been filed. Her custodial interrogation is not required. She is otherwise also not required for any other purpose. She is ready to cooperate with the trial and to abide by the conditions to be imposed by the Court. She is further ready to furnish adequate security directed by the Court, the Trial is likely to take time, no purpose would be achieved by incarceration of the petitioner. Therefore, she be granted bail.

5. The learned Panel Lawyer has opposed the bail but has not controverted the facts claimed by the petitioner.

6. On due consideration of the allegations made against the petitioner, the statement of the prosecution witnesses recorded under Section 161 Cr.P.C, particularly the parents, brother and sister of the deceased and other evidence available on record, I deem it appropriate to release the petitioner on bail. Therefore, without commenting on the merits of the case, the application is allowed.

7. It is directed that the petitioner Smt. Champa Patel W/o Shri Ratan Patel be released from custody on her furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety to the satisfaction of the Trial Court for her appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal ac