My wife committed suicide (for reasons I do not know) while I was away at work. It was only 4 months after our wedding. We are the only two people who were staying together and there were no major problems / issues between us except minor friction.
My in-laws filed an FIR in August 2014 terming it as dowry death and gave all kinds of false stories. Initially I and my sister (who stays in another city and hardly spoke to wife in 4 months. She visited our house once for 2 days, 6 weeks before my wife's death) were the two accused people. I was in police custody right from that very night and 4 days later I was sent to judicial custody. I was in JC for 70 days. 20 days after I was sent to jail, my mother was also made a co-accused.
My lawyer told my family that in these types of cases, the court presumes that we are guilty and therefore it id extremely difficult to get bail (AB for my mother and sister). Till date, he has made us spend 12 lakhs + just to get bail and that too after 100 days for my mother and sister.
The chargesheet is not yet filed. Apparently, the police wants some more bribe and I am in no position to pay anything more. I am in a lot of debt and arranging money is difficult.
My lawyer says that delay is better for me because gradually the evidence will get weakened. My point is that everything in that complaint and FIR and Case diary is false (not 1% truth). So what evidence are we talking of. All the witnesses who are there are my wife's relatives and friends and all are claiming the same fabricated story (that wife would cry on phone everyday that me and my family were harassing her). My wife would email her friends and chat with them but they did not produce any emails, phone sms, Google or FB or whatsapp chats (because they have none). I have read somewhere that the meaning of 'presumed' in 304B is that the court presumes that whoever is in a position to show evidence but are not showing it, that party is trying to hide something. In my case, my in-laws have the phone, they have access to her gmail/FB but are not producing anything. My lawyer says that the in 304B, the court presumes that I am guilty.
My question is should I push for the chargesheet to be filed or not? This case is a big mental, social and financial harassment and difficulties to me and my family and it is keeping on dragging. Is it worth it to push for chargesheet (if yes, how) or do I simply bide my time and wait for the police to take their time. It is already over 150 days. Please advise.