
In a criminal appeal presented by the wife, seeking bail in connection with a First Information Report (FIR) lodged for offenses punishable under Sections 306 and 342 of the Indian Penal Code, 1860 (IPC), a division bench consisting of Justices J.B. Pardiwala and Manoj Misra of the Supreme Court recently granted regular bail to a pregnant woman who was accused of abetting her husband’s suicide.
According to the prosecution, the accused was alleged to have abetted her husband’s suicide. Previously, on June 30, 2023, the Supreme Court had issued an order granting interim bail to the accused due to her pregnancy. After considering the facts, the bench determined that the accused had successfully established grounds for bail. Consequently, it directed the release of the accused on bail, subject to the terms and conditions that the Trial Court may consider appropriate to impose.
Two individuals, Pooja and Shyam (names altered for privacy), developed a romantic relationship during their academic pursuits and got married in 2011. For the initial years, their marriage was filled with happiness. However, from 2016 onwards, their relationship became strained, leading to frequent arguments and conflicts. Unfortunately, in January 2023, Shyam tragically took his own life, according to allegations.
Pooja, who was in the early stages of pregnancy when her husband Shyam passed away, was arrested and taken into custody on January 31 on charges of abetment of suicide. On June 30, the Supreme Court granted her interim bail, recognizing her pregnancy. Recently, a bench comprising Justices J.B. Pardiwala and Manoj Misra granted her regular bail after considering the arguments presented by the counsels and reviewing the available evidence. The bench concluded that Pooja, the appellant and accused, had presented a strong case warranting her release on bail. Consequently, the court ordered her release on bail, subject to the terms and conditions that the trial court may deem appropriate to impose.
Pooja’s plea stated that the First Information Report (FIR) filed against her was solely based on suspicion without any supporting evidence. On March 13, the police presented a charge sheet against her, accusing her of offenses under Section 306 and 342 of the Indian Penal Code (IPC). It is noteworthy that the deceased individual was a professor in the Physiotherapy Department at Bundelkhand University.
Subsequently, Pooja approached the Supreme Court, challenging the order of the Allahabad High Court, which had rejected her bail application in April. The case against her was registered in Jhansi, Uttar Pradesh, on January 24. the accused on bail, subject to the terms and conditions that the Trial Court may consider appropriate to impose.
Name- Ritika Keshari, College – Shambhunath Institute of Law, Semester – 2nd semester as a intern at Legal Vidhiya