Neutral Citation No. - 2025:AHC:55434 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12366 of 2025 Applicant :- Smt. Savitri Opposite Party :- State of U.P. Counsel for Applicant :- Rajeshwar Prasad Sinha,Ved Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Vakalatnama filed by Sri Garun Pal Singh, Advocate on behalf of the first informant is taken on record. 3. Heard Sri Ved Prakash Shukla, learned counsel for the applicant, Sri Garun Pal Singh, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Smt. Savitri, seeking enlargement on bail during trial in connection with Case Crime No. 62 of 2025, under Section 85, 80, B.N.S. & Section 3/4 Dowry Prohibition Act , Police Station Kosi Kalan, District Mathura. 5. The first information report of the present matter was lodged on 20.01.2025 by Shiv Ram against the applicant and 03 other persons alleging therein that the marriage of his sister Pinki was solemnized with Sunil on 10.05.2024. After marriage the accused persons were not satisfied with the gifts & dowry given by him and used to torture & trouble his sister for dowry. There was demand of Rs. 1,00,000/- as additional dowry. Despite consoling the accused persons many times they did not agree to it. Then subsequently on 20.01.2025 they murdered his sister, without giving information to him they took the body for cremation to the cremation ground. He somehow received information and reached there after which on seeing the first informant the accused persons ran away. He has come to police station to give the information. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased Smt. Pinki. She has been falsely implicated in the present case. While placing paragraph 18 of the affidavit it is submitted that the investigation in the matter has concluded and a charge-sheet has been submitted on 01.03.2025. Further while placing paragraph 16 of the affidavit it is submitted that that the deceased was not satisfied with the conduct of her mother and brother as her marriage was an inter-caste marriage and when she visited her she was forcibly sent back to her matrimonial house which was the reason of her frustration due to which she committed suicide. The applicant is a lady and is entitled to the benefit of Section 480 B.NS.S. The applicant has no criminal history as stated in para 22 and is in jail since 21.01.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the deceased was found to be pregnant. It is submitted that although the doctor has opined the cause of death as asphyxia as a result of antemortem hanging but the postmortem examination report shows the Ante-mortem injury no.1 a ligature mark over complete neck. It is submitted that the same would go to show that the case is not a case of hanging. It is submitted that the applicant is named in the first information report along with other accused persons. The deceased died within 08 months of marriage in her matrimonial house and there is an allegation of demand of dowry against the applicant and other co-accused persons. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the mother-in-law of the deceased. The postmortem examination report of the deceased shows three injuries on her body, the same are as under:- "1. Ligature mark is over complete neck. 2. Ligature mark is 30 cm long and 1.5 cm broad. 3. Ligature mark is 3 cm below right ear, 5 cm below chin and 5.5 cm below left ear." 9. The cause of death is opined as asphyxia as a result of antemortem hanging. The ligature mark is over complete neck. The deceased was having pregnancy and was found to be having a gravid uterus containing a foetus of about 6 to 7 weeks of gestational age. Suicide by a woman at the stage of pregnancy is very unlikely. The deceased died within 08 months of marriage in her matrimonial house and there is an allegation of demand of dowry against the applicant and other co-accused persons. 10. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 11. Pending application (s), if any, shall stand disposed of. Order Date :- 16.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad