Second supplementary affidavit dated 27.7.2011 filed earlier is not on record. A copy of the said affidavit provided by learned counsel for the applicant today be kept on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that the applicant is the husband of the deceased. During trial, all the witnesses of fact have been examined and they have not supported the prosecution case and have denied any demand of dowry on the part of the applicant.
I have perused the statements of P.W.1 Durgawati - the mother of the deceased, P.W.2 Pooja Devi - the sister of the deceased, P.W.3 Krishan Kumar Dubey - the brother of the deceased and P.W.4 Shayam Sunder Dubey - the cousin brother of the deceased, who have specifically stated that the deceased was happy in her matrimonial home and was not harassed by applicant or other family members on account of demand of dowry.
Since the parents and siblings of the deceased have denied any harassment or demand of dowry, a case for bail is made out.
In view of the above and without expressing any opinion on the merits of the case, let applicant Ashwani Ojha alias Anish Ojha involved in case crime no.1093 of 2008 under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, pertaining to Police Station Barhalganj, District Gorakhpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned and also subject to the following conditions :
(a) The applicant shall attend the court according to the conditions of the bond executed by him ; and
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 22.12.2011 ss