After perusing the record in the light of the submissions made at the Bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, considering the fact that general role has been assigned in the FIR to all the named accused persons regarding causing cruelty or demand of additional dowry and no specific role has been assigned to the applicant. As per the postmortem examination report of the deceased except ligature mark no any sign of injury was found on the body of the deceased and the cause of death is asphyxia due to anti mortem hanging which shows that as per the Modi's jurisprudence the definition of hanging is similar to the injury shown by the doctor, thus it appears that it is a case of hanging and not the murder or strangulation. Coaccused Saleem alias Saleemuddin (father of the applicant) and Nemun alias Nemul Nisha (mother of the applicant), have already been granted bail by this Court on similar allegation, therefore, the applicant is also entitled to get the benefit of the parity of the said coaccused and further considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the cases of Kamal Vs. State of Haryana (supra), Takht Singh Vs. State of Madhya Pradesh(supra) and Dataram Singh vs. State of UP and another , reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail.
