Counter affidavit filed on behalf of complainant be taken on record.
Heard learned Counsel for the applicant, learned A.G.A. as well as learned counsel for the complainant and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to her. It has further been submitted that the applicant has not caused any injury to the deceased. There is no direct evidence against the applicant. In post-mortem report the cause of death of deceased could not be ascertained, therefore, the viscera was preserved. The viscera report is not available on record. It has further been submitted that the case of the applicant is distinguishable form the case of the husband of the deceased. The co-accused Noorool Ameen father-in-law of the deceased has already been granted bail by this Court vide order dated 18.11.2015, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and she is in jail since 24.11.2015.
Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that the deceased died an unnatural death within seven years of her marriage. In post-mortem report nine ante-mortem injuries have also been found on the body of the deceased, therefore, the applicant is not entitled for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Fakhrul Nisha involved in Case Crime No. 257 of 2015, Under Sections 498-A, 304-B I.P.C. read with Section 3/4 D.P. Act, Police Station Pooraqalander, District Faizabad, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 11.1.2016 Jitendra