Learned counsel for applicant contends that though applicant is husband of deceased and a named as well as charge sheeted accused but he is innocent. Applicant has been falsely implicated. Allegations made in F.I.R. are false and concocted. As such, applicant is being falsely prosecuted in above mentioned case crime number. Elaborating his submissions, learned counsel for applicant submits that it is an undisputed fact that applicant and deceased both are divorcee. Therefore, allegations made in the F.I.R. regarding demand of additional dowry appear to have been engineered for the purpose of present prosecution. Neither in the F.I.R. nor in the statements of witnesses recorded under section 161 Cr.P.C., there is an explanation to the fact that there was an immediate demand of dowry before the occurrence. He, therefore, contends that since there was no immediate demand of dowry, immediately before the occurrence, therefore no offence under section 304-B IPC can be said to have been committed by applicant. It is then contended that from the post mortem report of the deceased, it is a proved fact that that deceased have died on account of an accidental death which is also the admitted case of the prosecution. However, from the material collected by Investigating Officer as contained in the case diary of concerned case crime umber, it cannot be definitely inferred that applicant is guilty of instigation, conspiracy or abetment in the commission of alleged crime. Applicant has clean clean antecedents inasmuch as he has no criminal history to his credit except the present one. Applicant is in jail since 20.04.2021. As such, he has undergone more than ten months of incarceration. Learned counsel for applicant also contends that since charge sheet has already been submitted, the evidence sought to be relied upon by prosecution stands crystallized. As such, custodial arrest of applicant is not absolutely necessary during the course of trial of aforesaid case crime number. On the aforesaid premise, it is thus urged that applicant is liable to be enlarged on bail. In case the applicant is enlarged on bail he shall not misuse the liberty of bail and shall cooperate with the trial.
