Sunita @ Anita Devi v. State of U.P

It is submitted by the learned counsel for the applicant that as per postmortem report the death is shown to be caused by hanging. The applicant used to live separately regarding which a certificate of Gram Pradhan is appended with the paper book. In the site plan also, which is prepared at the instance of the first informant, separate living of the applicant is shown. In the statements of the father (first informant) and mother of the deceased also, it has come that the husband used to thrash their daughter and the family members never tried to save her. There is no allegation of demand of dowry or harassment against the applicant. She is languishing in jail since 17.05.2022 and in case she is enlarged on bail she will not misuse the liberty of bail. Hence, bail has been prayed for. Learned A.G.A. has, however, opposed the bail application and submitted that in the FIR and in the statements of the father (first informant) and mother of the deceased everywhere, there is allegation of demand of dowry and harassment against the applicant and other family members of Prabal Kumar @ Suraj (husband).

From the perusal of the record, it is clear that the death is caused within two years of marriage while the deceased was five months pregnant. In the FIR, there is general allegation of demand of dowry and harassment. There is no specific allegation against the applicant that she committed the death of the deceased. In the statement of the father (first informant) and mother of the deceased, it has come that often the husband used to beat his wife and other family members never tried to save her. As per postmortem report, the death of the deceased is found to be caused due to ante mortem hanging. No specific role of harassment against the applicant is mentioned in the FIR. She is languishing in jail since 17.05.2022. Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v.

State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. Let the applicant, Sunita @ Anita Devi, who is involved in aforesaid crime 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 subject to following conditions:-