Reserved Neutral Citation No. - 2025:AHC:21167 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3587 of 2025 Applicant :- Smt. Pushpa Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Ojha Counsel for Opposite Party :- Chandra Bhan Gupta,G.A.,Pawan Kumar Rao Hon'ble Sanjay Kumar Singh,J. 1. Heard Mr. Akhilesh Kumar Ojha, learned counsel for the applicant, Mr. Deepak Mishra, learned Additional Government Advocate representing the State and Mr. Pawan Kumar Rao, learned counsel appearing on behalf of the complainant. 2. By means of this application under Section 483 of B.N.S.S., applicant-Smt. Pushpa Mishra, who is involved in Case Crime No. 245 of 2024, under Sections 85, 80(2) B.N.S. and Section ¾ Dowry Prohibition Act, Police Station Kidwai Nagar, District Kanpur Nagar, seeks enlargement on bail during the pendency of trial. 3. As per prosecution case in brief, the complainant who is brother of the deceased lodged a first information report on 15.10.2024 at 14:21 hours for the alleged offence under Sections 85, 80(2) of B.N.S. and Section ¾ Dowry Prohibition Act against ten accused persons, namely, Durgesh Mishra, Pushpa Mishra (applicant), Uday Mishra, Saumyak Mishra, Khereshwar Mishra, Sanju, Manju, Tannu, Mannu and Babbi, who are father-in-law, mother-in-law, husband, brother-in-law (ददेवर), grand-father-in-law (बबाबबा-सससुर), mothers-in-law (बसुआ-सबास), sisters-in-law (ननद), brother-in-law (ददेवर) of the deceased, respectively alleging inter alia that marriage of his sister Litil Mishra was solemnized on 26.06.2023 with Uday Mishra. In the marriage, he had given sufÏcient dowry, i.e. four wheeler (Ertiga zxi), Sofa, Bed, Washing Machine, A.C., Almirah, LED TV, Fridge and Rs. 10,00,000/- ( rupees ten lacs) in cash as per his capacity, but there was demand of money and Fortuner Car from the side of the accused persons. After the marriage he also gave Rs. 3,00,000/- (rupees three lacs) as per their demands because his sister's husband had lost the money in gambling. Despite that they used to beat and harass his sister, whereas he always fulfilled the constant demand of money of the accused persons. On 14.10.2024, she was beaten by accused persons and thereafter, they gave her poison. When she called her father to save her, they went to her matrimonial home and took her to the hospital, where she died. 4. It is argued by learned counsel for the applicant that applicant is mother-in-law of the deceased and she has been falsely implicated in this case. In fact marriage of the deceased with son of the applicant was solemnized without any demand of dowry. When deceased came to her matrimonial home, her behaviour was abnormal towards her in- laws and she used to repent on her doings by saying 'sorry'. She was under the treatment of Dr. (Mrs.) K.K. Sharma at Sharma Nursing Home, Kanpur. It is also submitted that on 27.02.2024, due to her abnormal behaviour, she took high dose of antiseptic medicine, on account whereof her health started deteriorating. Then she was brought to Sharma Nursing Home, Kanpur and got admitted on 27.02.2024. Much emphasis has been given by contending that on account of her illness, she committed suicide. The allegation of demand of dowry is wholly false. During investigation, co- accused Tannu, Mannu and Babbi have been exonerated. With regard to transfer of money by the complainant to the account of husband of the deceased, it is argued that in fact the vehicle which was given in the marriage, was on loan, therefore, money was sent for depositing the loan EMI, and some amount has been given for business purpose. The applicant is aged about 57 years and is languishing in jail since 17.10.2024, therefore, she may be enlarged on bail. 5. Per contra, learned Additional Government Advocate for the State as well as learned counsel for the complainant vehemently opposed the prayer for bail of the applicant by contending that applicant has not come with clean hands, because incomplete copy of post mortem report has been filed. Transaction details, which have been done by the deceased's parent in the account of husband and his parents have not been filed. WhatsApp chats, which shows the cruelty on the deceased by the applicant and his family members, have also not been filed, whereas same are the part of case diary. Ertiga Car, which was given in the marriage of the deceased, was not taken on loan, but it was purchased by the deceased's parents paying full amount. In fact on repeated demands of dowry, the parents of the deceased were compelled to satisfy their demands and accordingly, in order to save the matrimonial relationship of the deceased, number of times money was given to the husband of deceased. Father of deceased paid Rs. 3,00,000/- (rupees three lakhs) through Google Pay, the receipt of the same is also part of the case diary. Investigating ofÏcer has collected several WhatsApp Chats, which depict that since the beginning deceased was being tortured due to demand of dowry. Deceased was well-educated having degree of M.Sc. It is also pointed out that a suicide note of the deceased was also recovered from her bra and the same has been made part of the case diary, which is quoted herein below:- "नकल लललखित प्ቔ (ससुसबाइड ननोट)…….. मम थक गई हहूሻ अपननी लजिन्दगनी सदे सससुर हर व्ሹ छदेड़तबा हहै गलत करतबा हहै। Physically परदेशबान करतबा हहै। आद मनी सदे कहनो तनो कहतदे हम तसुम ऐसबा हनी कहतनी हनो, सबास कहतनी हम वनो बस औरतोሦ कदे शरनीर कदे सबाथ खिदेलतदे हम। करतदे कसु छ नहीሻ पतत सदे कहबा तसुम उससदे (मसुझसदे) बबात न करनो। और दरवबाजिोሦ मम दनोनोሦ तरफ तबालबा लगबायबा हहआ हहै सब लनोग हर व्ሹ उदय कनो तबाकदे रहतदे हहै तक मम कसु छ बबात न करूሻ यहबाूሻ तक 90 सबाल कदे बबाबबा जिब उदय मबारतदे हम तनो दरवबाजिदे तबाक कदे बहैठतदे हहै तक मम बबाहर न जिबा पबाऊूሻ उदय सदे बबात करनदे जिबाओ तनो भगबातदे हम तक चल तनकल भबाग यहबाूሻ सदे ऐसदे बनोलतदे हम। रबात तदन सबास सससुर ददेवर सब गबालनी ददेतदे हम और पतत कसु छ नहीሻ बनोलतदे हम। सससुर हमदेशबा सबकनो भदेजि ददेगबा मम अकदे लदे बचतनी हहूሻ तनो मसुझदे Torture करतबा हहै बसुआ लनोगोሦ कनो बतबायबा तनो वनो भनी हमम तचलबातनी हम। महैनम कई बबार मबार खिबायनी मम्मनी पबापबा आपकदे बनोलतदे हम यदे लनोग उनसदे भनी लड़तदे हम बहहत लड़तदे हम। मम उदय कदे सबाथ शबादनी करकदे आयनी उनकदे सबाथ जिनीनबा चबाहतनी थनी पर तकसनी नदे हमम सबाथ रहनदे नहीሻ तदयबा। हमदेशबा तबानदे ददेतदे हम वहैष्णनो ददेवनी नहीሻ जिबा रहनी थनी जिबरदस्तनी लदे गयदे तफर कहतदे हम 50 हजिबार खिचबाቊኋ कर तदयबा कहबाूሻ खिचबाቊኋ तकयबा कनोई तनो पपूछदे। मम उदय कदे सबाथ जिनीनबा चबाहतनी हहूሻ बहहत प्यबार करतनी हहूሻ पर उन्हम कनोई फकቊኋ नहीሻ पड़तबा। हनो सकदे इन्हम ऐसनी सजिबा ददेनबा लजिससदे यदे दनोबबारबा तकसनी ककी बदेटनी कनो अपनदे घर नबा लबा पबायदे। Torture न कर पबायदे। उदय कनो शबादनी न करनदे ददेनबा क्योሦतक मम न मम लजिन्दबा न मरकदे उनकदे सबाथ तकसनी कनो नहीሻ ददेखि सकतदे। मदेरदे सबाथ कनोई तनो न्यबाय करनबा डदेढ़ सबाल मम इन्हनोनम हमम बहहत रलबायबा हहै। इन्हम मत छनोड़नबा। उदय तसुमसदे बहहत प्यबार करतनी हहूሻ जिनीनबा चबाहतनी हहूሻ तसुम्हबारदे । हनो सकदे तनो मसुझदे बचबा लदेनबा उदय। पबापबा मम्मनी आपनदे बहहत समझबायबा पर मम हबार गयनी । मदेरदे भबाई तसुम सबनदे मसुझदे बहहत प्यबार तदयबा मसुझदे मबाफ कर ददेनबा जिनीनबा मसुशशकल थबा अब सब लनोग अपनबा ध्यबान रखिनबा litil इन्हम ममौत सदे बस्तर सजिबा ददेनबा। उदय बहहत दसुबलदे हम उन्हम कनोई शबारनीररक दसुखि न ददेनबा। मम बहहत प्यबार करतनी हहूሻ उनसदे इस बबात कबा ख्यबाल रखिनबा कहनबा बहहत कसु छ हहै पर क्यबा क्यबा कहहूሻ Torture करनदे ककी हर limit इन सबास सससुर ददेवर बबाबबा सबनदे कबास ककी हहै। कबाश मदेरबा पतत हनी मदेरबा हनोतबा तनो मम सब कसु छ बरदबास्त कर लदेतनी पर वनो भनी उसनी मम शबातमल हहै तनो मम क्यबा करूሻ । मबाूሻ बबाप रनोजि और अभनी भनी समझबा रहदे हम पर मम उन्हम कहै सदे बतबाऊूሻ तक मम उदय कदे तबनबा नहीሻ रह पबातनी उनकदे पबास नहीሻ जिबा पबातनी हहूሻ उनकनो दपूर सदे ददेखि कदे हनी जिनीतनी हहूሻ मदेरदे भबाई तववदेक चन्दन मम्मनी पबापबा सब लनोग मसुझदे मबाफ कर ददेनबा। litil" Referring to the contents of the suicide note, much emphasis has been given by contending that she was harassed and tortured by the accused persons adopting different modus operandi. The medical prescription, on which applicant is placing reliance, is not the part of case diary, therefore, the same cannot be relied upon. It is also pointed out that Dr. (Mrs.) K.K. Sharma is close relative of the accused persons and Dr. Shailesh Kumar Singh is their neighbour, hence after the incident accused has procured a false medical prescription in order to create a defence. The offence is heinous in nature, therefore, the bail application of the applicant is liable to be rejected. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the deceased died her unnatural death within one and a half years of her marriage in her matrimonial home. The harassment and torture of the deceased is apparent from her suicide note. The presumption under Section 117 and 118 of the Bharatiya Sakshya Adhiniyam, is also attracted in the present case. I also find that allegation of demand of dowry and harassment/torture of the deceased in her matrimonial home are corroborated from other materials on record. This Court is also of the view that newly married woman mainly comes to her in-laws' house relying on her mother-in-law, but applicant who is mother- in-law, did not provide motherly protection to the deceased even after making complaint to her about her harassment. Considering the facts and circumstances of the case and materials on record prima facie it appears that when deceased realised that her life was completely ruined and her harassment had gone beyond tolerance, then she ended her life by committing suicide. Since allegation of the prosecution and defence of the accused are still open to be urged before the trial court, therefore, this Court is not recording any finding, so that it may not affect the merit of the trial. 7. Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence and severity of punishment, I do not find any good ground to release the applicant on bail. 8. Accordingly, the bail application is rejected. 9. It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 14.2.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad