Jagat Singh, J. - (1.) THIS is a bail application under Section 439, Cr.PC., on behalf of Smt. Santosh, who is mother -in -law of deceased Anju, who hanged to death in her parental house.
(2.) SUBMISSIONS of the learned Counsel are that in on omnibus way, not only mother -in -law, husband but two unmarried sister -in -laws were also implicated; that deceased was subjected to cruelty for non -fulfilment of dowry. It is further submitted that no specific allegation of cruelty has been levelled against Santosh. She is in custody. Challan has already been filed against Santosh and husband Mohan Lal. Therefore, they be released on bail. On the contrary learned Counsel for the complainant as also learned P.P. has opposed the bail application submitting emphatically that this is a dowry death case and not only giving cruel treatment before death of deceased has been mentioned in the FIR but also a note is prepared and signed by deceased herself.
(3.) I have carefully considered the rival submissions. Without expressing anything on merits of the case, looking to special fact that Anju hanged herself in the house of her father and that Mst. Santosh being mother -in -law, has not been specifically imputed any part played by her, as far as cruel treatment is concerned. Therefore, she being lady and in the above circumstances, be released on bail, upon furnishing personal bond in the sum of Rs. 20,000/ - alongwith two sureties of Rs. 10,000/ - each, to the satisfaction of court below, with usual conditions, to be specified by the court below.;