The Supreme Court has issued notice into a petition challenging the order of the Allahabad High Court, which rejected the bail application of a man accused of killing his wife.
The bench of Justice L. Nageswara Rao and Justice Aniruddha Bose yesterday listed the matter for hearing after three weeks.
As per the prosecution, the deceased was staying at her parental home for the past one-and-a-half years and she was brought back to her matrimonial home only one month prior to the incident.
There was nothing to indicate that during the period of one-and-a-half years, any demand of dowry was made from the deceased and thus, a case under Section 304-B IPC could not be made out against the him.
Applicant Chhotu alias Ramendra also alleged that there was absolutely no evidence to indicate that the deceased was subjected to cruelty soon before her death.
His Counsel in the High Court also pointed out that as per the post-mortem report, the trachea and hyoid bone of the deceased were found intact, which indicated that the deceased had committed suicide and that the cause of death has also been shown asphyxia due to ante-mortem hanging.
It was further submitted by the applicant’s Counsel in the High Court that besides the applicant, four more family members were also named in the FIR and involvement of three named persons has been found false during investigation.
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The Counsel further submitted that co-accused Suman Devi, mother-in-law of the deceased, has already been granted bail. The Counsel said the applicant was languishing in jail since December 23, 2018, having no criminal history and in case he was released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Source: ILNS