SHYAMA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Second Bail Application has been filed under Sec. 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 Sec. 498A, Sec. 304B of the Indian Penal Code, 1860 and Sec. 3/4 of the Dowry Prohibition Act, 1961.

(2.) The First Bail Application (No. 1826 of 2021) of the applicant was rejected by the coordinate Bench on 5/9/2022, after which, other witnesses are examined by the prosecution. Therefore, the present Second Bail Application is being considered for hearing.

(3.) 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 17/8/2020 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.