Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, who is involved in Case Crime No. 6 of 2021, under Section 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Staiton-Ushrahar, District-Etawah is seeking enlargement on bail during the trial.
The F.I.R. of this incident was lodged by the complainant about unnatural death of her sister, who was married on 15.06.2019 with the co-accused Jagatram with the allegation that her family members are harassing the sister of the complainant in connection with the additional demand of dowry and she was done to death by her in-laws on 16.01.2021.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused happens to be brother-in-law (dewar) of the deceased and he is quite innocent and has been falsely implicated in the present case; that the general allegation of demand of dowry has been made against all the family members ; that the present accused-applicant was unmarried and was living separately with her mother and separate living is being established by the ration card from the entries of the Pariwar Register, copy of which has been annexed as annexure No.6; that as per postmortem report, deceased has committed suicide, copy of which has been annexed as annexure No.4. Lastly, it is argued that the applicant is in jail since 14.03.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Bhurey @ Pushpendra be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.8.2021 Pr/-