Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that even according to the prosecution own case, the applicant is the husband of the deceased and was married to her about 12 years back and it is alleged that on account of family dispute, there was some quarrel between the husband and wife, consequent to which, the victim suffered an injury and was under treatment in Jaunpur, when her condition deteriorated, she was referred to Varanasi, however on way to hospital she died. Post-mortem report shows that the victim has suffered a contusion measuring 2 x 1 c.m. over left temporal bone 1 c.m. above left pinna. In the post-mortem report, no abnormality has been noted in the skull or the membrane. The doctor has noted the cause of death to be ante-mortem cardiac arrest. Furthermore, the applicant is in jail since 8.8.2022 and has no criminal history to his credit. The charge sheet has also been submitted and there is no chance of applicant fleeing away from the judicial process or tampering the evidence. In the backdrop of the aforesaid facts and circumstances and looking to the injury and the cause of death pointed out by the doctor, prima facie a case for bail is made out.
