Court rejects bail application of mother-in-law in dowry death case


Jammu, Nov 19: Excise Magistrate Jammu Umesh Sharma today rejected the bail application in dowry death case of one Sudesh Kumari mother-in-law of one Sheetal Bhagat.
According to the police case that an information was received by the police of Police Station, Gandhi Nagar to the effect that one Sheetal Bhagat who was married to one Ajay Kumar has committed suicide by hanging herself by neck. The reason attributed to the said suicide of the deceased was cited as harassment and cruelty inflicted upon her by her husband on the instigation of her parents-in-law as well as maternal aunt of her husband in connection with demand of dowry. On receiving the said information, the probe in the matter was launched. The site plan of the place of occurrence was drafted and photographed. The statements of witnesses conversant with the facts and circumstances of the case were recorded. The post mortem of the dead body was also got conducted by the I.O concerned. On the basis of probe conducted, it has been found by the police that the applicant/accused, who happens to be the mother-in-law of the deceased, alongwith the husband, father-in-law and maternal aunt of the husband of the deceased has abetted her suicide and thus have committed offence punishable u/s 304-B IPC.
Excise Magistrate Jammu Umesh Sharma while rejecting the bail application, after hearing APP Yogesh Bamba appearing for the police observed that the investigation of the case is in progress and evidence of some extra marital affair of the husband of the deceased has also come up during the investigation of the case; the accused has been arrested just few days back and, many other material aspects of the case are yet to be investigated and in case the accused is enlarged on bail there is every apprehension that she may temper with the evidence and may also flee away from the clutches of law. The gender of the applicant is only one of the circumstance to be considered while deciding a bail application and to suggest the same as a sole/only circumstance which would entitle an accused to bail in all eventualities irrespective of severity of crime is an erroneous argument. The offence of "Dowry Death" allegedly to have been committed by the accused is very serious in nature and is punishable with imprisonment for a term which shall not be less than 07 years but which may extend to imprisonment for life and is triable by Sessions Court. It would be pertinent to observe here that although two of the accused persons of the instant case have been arrested and are on police remand still the two other accused persons which include the husband and the father-in-law of the deceased are still evading their arrest and have absconded after the commission of the crime. The deceased who has ended her life had got married just more than a year back with one of the accused of the case and was expecting care and love from her husband as well as from relatives of her husband but was forced by the latter to terminate her life. It is to be kept in mind that a precious young life has been lost in the present case. Harassment, cruelty by the applicant and ghost of extra marital affair of the husband of the deceased has resulted into the death of the victim of the case. JNF

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