Shyama Devi vs State Of Uttarakhand

Alok Kumar Verma, J

Present Second Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No. 199 of 2020, registered at police station Raipur, District Dehradun. Applicant is in judicial custody under Section 498A, Section 304B of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961.

The First Bail Application (No. 1826 of 2021) of the applicant was rejected by the coordinate Bench on 05.09.2022, after which, other witnesses are examined by the prosecution. Therefore, the present Second Bail Application is being considered for hearing.

As per the prosecution case, the informant’s daughter-Jyoti was married to Suraj on 19.11.2018. After marriage, her mother-in-law (present applicant), sister-in-law (nanad) Monika and Sonika, husband- Suraj, father-in-law, brother-in-law (devar) Atul, brother-in-law( Jeth) Pankaj, brother-in-law (nandoi) Pawan Kumar, brother of Jyoti’s father-in-law Vinod used to harass her for dowry and for a child. She died on 17.08.2020 in her laws’ house. Inquest proceedings and post-mortem examination of the dead body of the deceased were conducted. Cause of death was anti-mortem hanging. During the course of investigation, a suicide note of the deceased was recovered. The suicide notice reads that she is going to commit suicide because of her mother-in-law, who harasses her for dowry. The suicide note was sent to Forensic Science Laboratory. As per the report of the Forensic Science Laboratory, handwriting of the suicide note matched with the handwriting of the deceased.

Heard Mr. Aditya Singh, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Aditya Singh, Advocate, contented that the applicant is an innocent person. There was no formal complaint against the applicant or any of her family members prior to the incident regarding the demand of dowry and the alleged harassment. The suicide note can be proved only after appreciation of evidence. Charge-sheet was filed against the present applicant and the husband of the deceased. Amit Kumar (PW4), brother of the deceased, deposed that his sister’s mother-in-law and her husband used to harass her by demanding a scooty. The husband of the deceased has already been granted bail by this Court. Applicant is in custody since 24.08.2020. Prosecution has examined thirteen witnesses, therefore, there is no chance of tampering with the evidence.

On the other hand, learned counsel for the State has opposed the second bail application.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Second Bail Application is allowed.

Let the applicant- Shyama Devi be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and she will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, Prosecution will be free to move the court for cancellation of bail.