SC grants bail to pregnant woman accused of abetment of suicide of her husband

The Supreme Court released the woman on interim bail on June 30, noting that she was pregnant, and earlier this week, granted her regular bail. -- Reports ETV Bharat's Sumit Saxena.

New Delhi: Pooja and Shyam (names changed) fell in love during their studies and tied the wedding knot in 2011. Till 2016, the marriage was blissful but then the relationship strained and the couple had repeated arguments so much so that in January 2023, Shyam allegedly ended his life.

Pooja, who had just become pregnant when Shyam died, was jailed for abetment of suicide and taken into custody on January 31. The Supreme Court released her on interim bail on June 30, noting that she was pregnant, and earlier this week, granted her regular bail.

A bench comprising justices J B Pardiwala and Manoj Misra said: “Having heard the learned counsel appearing for the parties and having gone through the materials on record, we are of the view that the appellant (accused)...has been able to make out a case for release on bail. The appellant (accused)...is accordingly ordered to be released on bail, subject to the terms and conditions which the trial court may deem fit to impose”.

Pooja's plea claimed that FIR was lodged under Section 302 IPC only on the basis of suspicion without any evidence, and on March 13, the police submitted a charge sheet against her under Section 306 and 342 IPC. The deceased was a professor in Physiotherapy Department at Bundelkhand University.

The petitioner moved the apex court challenging the Allahabad High Court order, which rejected her bail application in April, in a case registered at Jhansi, Uttar Pradesh on January 24.

Advocate Namit Saxena appeared for the accused before the apex court. Saxena contended that the police after completing its investigation had submitted the charge sheet and therefore, no further purpose would serve by keeping the petitioner in judicial custody, and there is no grave danger or risk in releasing her on bail. He said that the apex court should take note of the interest of the child who is not expected to be exposed to the prisons.

The counsel argued that the alleged FIR was registered after an inordinate and unexplained delay of 6 days after the alleged occurrence, which gave the informant (sister of the deceased) and her family enough opportunity to 'concoct' a false story and to implicate the petitioner in a false case.

The prosecution had argued that the appellant (accused) abetted the commission of suicide by the deceased. The sister of the deceased had alleged that the petitioner had illicit relations and she had suspicion that Pooja along with her friend had burnt her brother in the clinic, which he ran in one portion of the house.

After hearing the counsel, the apex court allowed the appeal and set aside the high court order. “We take notice of the fact that this Court vide order dated 30.06.2023, ordered release of the appellant on interim bail, as she is pregnant”, said the bench, granting her regular bail.