Heard Sri Pavan Kumar Mishra, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 171 of 2020 under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Jaitpura, District Varanasi during the pendency of trial.
As per F.I.R. lodged by Abdul Ajeej, father of the deceased, his daughter was married to co-accused Mohd. Imran on 19.6.2020. At the time of marriage, Rs. 5,00,000/- were spent and one month after the marriage co-accused Imran who is husband, and accused-applicant (mother-in-law) and other co-accused named in the F.I.R. started harassing her for additional dowry and for non-fulfillment of the same, all of them together had strangulated his daughter to death. In post-mortem report, cause of death could not be ascertained and in counter affidavit it is stated in paragraph no. 15 that viscera was sent to F.S.L., Varanasi but report is still awaited. Deceased was found to have suffered some contusions on neck and it is further recorded that other features cannot be delineated due to decomposition and peeling of skin.
Learned counsel for the applicant contends that applicant is mother-in-law of the deceased. No demand of dowry is stated to have been made. Attention has been drawn to the paragraph no. 11 of the affidavit in which answer has been given for the cause of death to be that marriage was solemnized against her wish. It is further argued that co-accused Mohd. Rijawan has already been granted bail by the co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 2927 of 2021 vide order dated 21.1.2021, hence parity is claimed. Applicant has no previous criminal history. The applicant is languishing in jail since 6.10.2020. If she is released on bail, she would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact that since marriage was performed on 19.6.2020 and unnatural death has taken place inside the house of the applicant and no justifiable reason has been given as to how she died, therefore the said burden has not been discharged by the accused-applicant, hence this is not found to be a fit case for grant of bail. Accordingly, it is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a copy of this order downloaded from the official website of Allahabad High Court and verified by the learned counsel for the applicant.
Order Date :- 9.2.2021 A.P. Pandey