PRIYA Vs. STATE OF M.P

JUDGEMENT

(1.) The applicant has filed this first bail application under Section 438 of Cr.P.C. for grant of anticipatory bail.

(2.) The applicant apprehends his arrest in connection with Crime No.84/2020 registered at Police Station Madhoganj, District Gwalior (M.P.) in relation to the offence punishable under Sections 498-A , 304-B and 34 of IPC.

(3.) It is submitted by learned counsel for the applicant - Ku. Priya @ Niharika that the applicant is sister-in-law of the deceased and she is residing at Agra as she has been adopted by her maternal aunt just after her birth. She has completed her entire education from Agra itself. In support of his submission, learned counsel for the applicant has filed all the relevant documents such as marksheet of the applicant and domicile certificate. It is further submitted that cause of death of the deceased in the matter is heart attack, which is not covered under Section 304-B of IPC. It is also submitted that there was no any connectivity between the applicant and the deceased and there was no any demand of dowry, rather father of the deceased was cruel and due to his cruel behaviour different complaints were made by the mother and sister of the deceased against him. Due to her father's ill behaviour, deceased was under depression and that was the cause of the death. Therefore, provisions of Section 113 of Evidence Act are also not attracted. Hence, prayed to grant anticipatory bail to the applicant looking to the current COVID-19 situation.