1. Heard Mr. Atul Kumar Shahi learned counsel for applicant and learned AGA for the State.This second application for bail has been filed by applicant-Smt Mumtaj.seeking her enlargement on bail in Case Crime No. 378 of 2018 under Sections 498A, 304B I.P.C. and Section 3/4 D. P. Act, P.S.-Kotwali, District-Mainpuri, during the pendency of trial.The first Bail application of applicant was rejected vide order dated 19.11.2018, which reads as under:-"Heard Mr. Atul Kumar Shahi, learned counsel for the applicant and the learned A.G.A. for the State.Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.This bail application has been filed by the applicant Smt. Mumtaj, seeking her enlargement on bail in Case Crime No. 378 of 2018 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Kotwali, District Mainpuri during the pendency of the trial.After the expiry of a period of one year from the date of marriage of the son of the applicant, an unfortunate incident occurred on 27.3.2018, in which the daughter-in-law of the applicant died.The inquest of the body of the deceased was conducted on 27.3.2018 itself not on the information of the applicant or any of her family members but on the information given by Shamshad Ali the father of the deceased.In the opinion of the Panch witnesses, the cause of death of the deceased was characterized as homicidal.The F.I.R. in respect of the aforesaid incident was lodged on 27.3.2018 by the father of the deceased, which was registered as Case Crime No. 378 of 2018 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Kotwali, District Mainpuri.In the aforesaid F.I.R., four persons namely, Arif (husband), Anwar (father-in-law), Mumtaz (mother-in-law), Asif (dewar) were nominated as the accused.The Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was asphyxia as a result of strangulation.A ligature mark in the size of 11 cm on the neck of the body of the deceased was found.The Police upon completion of the statutory investigation of the aforesaid case crime number submitted a charge-sheet dated 3.4.2018 against all the named accused.What has happened subsequent to the submission of the charge sheet dated 3.4.2018, has not been detailed in the affidavit accompanying the bail application nor the same could be disclosed at the time of hearing of the bail application by the learned counsel for the applicant.Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased.The applicant is a lady and is in jail since 28.3.2018, having no criminal antecedents to her credit except the present one.On the aforesaid factual premise, it is urged that the applicant being a lady is liable to be enlarged on bail.Per contra, the learned A.G.A. has opposed the prayer for bail.He submits that the deceased had died just after one year of marriage on account of asphyxia as a result of strangulation.The applicant is a charge sheeted accused.Per contra, the learned AGA opposed the prayer for bail.

Cited provisions: Section 304B in The Indian Penal Code; Section 498A in The Indian Penal Code; Section 229A in The Indian Penal Code