(1.) This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends her arrest in connection with Crime No.202/2020, registered at Police Station Umari, District Bhind, for the offences punishable under Section 304-B of IPC.
(2.) Learned counsel for the applicant submits that false case has been registered against him and he is apprehending her arrest on the basis of offence registered above. It is further submitted that she is a lady aged 29 years and is mother of four children. Learned counsel for the applicant raised the point of separate living from the matrimonial family of the deceased and her husband. She happened to be sister-in-law (Jethani) of the deceased. Three days prior to her death, father-in-law of the present applicant passed away and therefore, it is highly improbable that in the state of mourning, present applicant would have pressurized the deceased for demand of dowry. Confinement would bring social disrepute and personal inconvenience and looking to her children, sympathetic consideration be made specially in challenging time of COVID -19 pandemic situation. She undertakes to cooperate in the investigation/trial and keep herself available as and when required. She would not induce or threat to any of the prosecution witnesses in any manner. She further undertakes to perform community service. Therefore, she prayed for anticipatory bail.
(3.) Learned Panel Lawyer for the State opposed the prayer made by the applicant and prayed for its rejection. Heard learned counsel for the parties and case diary perused.