- (1.)This is first application u/S. 438 Cr.P.C . for grant of anticipatory bail who apprehends arrest in connection with Crime No. 75 of 2020 for the offence punishable under Sections 498A , 304B and 34 of IPC and 3/4 of Dowry Prohibition Act registered at Police Station Madhoganj, district Gwalior .
(2.)It is alleged by counsel for the applicant that the applicant is Sister in law (Nanad) of deceased. She had already been married prior to the marriage of deceased and living separately with her husband, having no connection with the commission of offence. She has also filed document in support of her contention regarding separate living. There is no allegation of harassment or demand of dowry against her. It is further submitted that marriage of deceased had taken place in the year 2016 and after four years of marriage, the incident had taken place. There is no complaint on previous occasion regarding demand of dowry or harassment to the deceased. The husband of deceased is in custody. It is further submitted that the incident had taken place on 31.1.2020 and the report of the incident was not lodged immediately after the incident but on 20.2.2020 after much consultation. She is ready to cooperate in the investigation and there is no chance of her absconding. On these grounds, the applicant prayed for grant of anticipatory bail.
(3.)On the other hand, counsel for the State has opposed the prayer stating that there are specific allegation against the applicant regarding demand of dowry and harassment. He has read over the statement of mother of deceased wherein, she has stated that the present applicant and other family members used to harass the deceased. Even death has taken place within seven years of her marriage in suspicious circumstances. Investigation is pending in the matter and applicant is not cooperating in the investigation. It is further submitted that on 14.1.2020, a complaint was made by family members of deceased regarding harassment being caused to the deceased by the in-laws and after giving assurance by them that the deceased will not be harassed, the incident had occurred on 31.1.2020. It is further submitted that there are antemortem injuries on the body of deceased.