Per contra, the learned A.G.A. for the State has opposed the present application for bail by contending that the applicant is not only a named accused but is also a charge-sheeted accused. Learned A.G.A. further submits that offence complained of against the applicant is under Section 304-B I.P.C. The death of the deceased was nearly within six months of her marriage. Consequently, the applicant is under heavy burden to explain as to in what circumstances, the incident in question has occurred. However, upto this stage, according to the learned A.G.A., the applicant has completely failed to discharge the said burden. The burden to proof regarding the innocence of the applicant, which is required under Sections 106 and 113-B of the Indian Evidence Act, remains undischarged, as the applicant has not been able to explain as to how occurrence has taken place, even when the occurrence has taken place in the house of the applicant. It is further submitted that specific allegations of additional demand of dowry has been made in the first information report as well as in the statement of the first informant. Therefore, the allegations with regard to demand of dowry and the commission of cruelty upon the deceased for non-fulfilment of the alleged demand of dowry has been attributed to all the accused including the present applicant, who is direct beneficiary of the said demand of dowry. It has further been argued by the learned counsel for the applicant that whatever be the circumstances, it was an unnatural death, but even if it is a case of suicide, then too it would be death which had occurred in unnatural circumstances. Even in such a case, Section 304-B I.P.C. is attracted and this position is not disputed. Therefore, the prosecution has established that the applicant has committed an offence punishable under Section 304-B beyond all reasonable doubt. It is also submitted that four witnesses have already been examined. Dealing with the complicity of applicant-accused and in light of the material on record, the learned A.G.A. vehemently submits that no case for bail is made out and the bail application of the present applicant is liable to be rejected.
