1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The applicant, who is mother-in-law of the deceased, is an accused in case crime No. 0238 of 2020, under Sections- 498-A, 304-B of IPC and 3/4 of Dowry Prohibition Act, police station Machharehta, District Sitapur.
3. Learned counsel for applicant has submitted that the first information report was lodged by mother of the deceased stating that her daughter was married six months prior to the said incident. On 14.10.2020 she was informed by the in-laws that her daughter has died. They immediately went to the house of their son-in-law and they found their daughter lying dead on the cot. The burial proceedings were carried out in presence of the complainant and the in-laws. It is after three to four days of the said incident that it is said that the complainant came to know that her daughter has been murdered by the in-laws and consequently the F.I.R. was lodged after fourteen days of the incident i.e. 28.10.2020. The body was subsequently exhumed and post mortem was conducted on 4.11.2020 in which it has been stated that no injury could be found due to decomposition of the body and viscera was also preserved and sent for chemical analysis wherein also no poisonous substance has been found. In the aforesaid circumstances bail application of the applicant, who is mother-in-law of the deceased, is being pressed submitting that in the aforesaid circumstances prima facie no offence under Section 304 B IPC is made out in as much as it is not a case of culpable homicide nor it can be determined that it was a case of unnatural death as per the medical opinion. It has been submitted that the investigation has been concluded and the charge sheet has been filed and no cause of death has been determined.
4. Learned A.G.A., on the other hand, has opposed the bail application and submitted that it is true that cause of death could not be ascertained due to decomposition of the body but the investigation is underway.
5. I have heard learned counsel for the parties and perused the record.
6. The arguments of learned counsel for the applicant seems to have force at this stage as cause of death could be determined and, therefore, at this stage it cannot be said that this is a case of culpable homicide and according to medical opinion no injury has been found on the body of the deceased and even forensic examination report does not disclose the death due to administering any poisonous substance. The only other allegation is with regard to demand of dowry for which maximum sentence is of three years.
7.Considering the aforesaid facts, especially the fact that cause of death could not be determined, I am of the considered opinion that it is a fit case for grant of bail. The application is, therefore, allowed.
8. Let applicant, Pappi @ Noorjahan, involved in case crime No.238 of 2020, under Sections- 498-A, 304-B of IPC and 3/4 of Dowry Prohibition Act, police station Machharehta, District Sitapur be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that she would not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr. P. C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
9. It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
(Alok Mathur, J.) Order Date :- 20.9.2021 Ravi/