Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The accused-applicants Radha Devi and Gaya Prasad alias Jhinguri are involved and detained in Case Crime No. 227 of 2009, under Sections 304-B, 498-A, 201, 504 I.P.C., and 3/4 Dowry Prohibition Act, from Police Station Bewana, District Ambedkar Nagar and they have moved separate bail applications, as mentioned above, therefore, both the bail applications are being disposed of by a common order.
The submission of the learned counsel for the accused applicants is that the accused applicants are mother-in-law and father-in-law of the deceased Suman Devi. The deceased had died on account of breathing ailment. The complainant Heera Lal, who is father of the deceased, was informed by the accused applicants about the death of the deceased. He came to the house of the accused. He after being satisfied that his daughter had met to her natural death, had permitted the accused to perform her funeral. Consequently, the accused did her funeral with the consent of the complainant who also participated in the same. The complainant thereafter moved an application to the D.I.G., Faizabad. On the basis of this application, the scriber Prem Nath Gautam, the then Head Constable of Police Station Bewana, District Ambedkarnagar prepared a chik F.I.R. on 5.4.2009.
Learned counsel for the accused applicants contends that the F.I.R. is highly delayed. No plausible explanation has been furnished by the complainant for such delay. The further submission of the learned counsel for the accused applicants is that the accused applicants were living separately from the deceased and her husband. They were not in any way beneficiary of the demanded dowry. The accused applicants have filed photo-copy of the ration card of Mahaveer (husband of the deceased) to show that he was having separate ration card. The accused applicants were not shown as the family members of Mahaveer in the ration card. The accused applicants, therefore, prima-facie, do not appear to be guilty of causing dowry death of the deceased. Therefore, they deserve to be released on bail.
Learned A.G.A. opposed the bail application of the accused applicants.
Considering the submissions of the learned counsel for the accused applicants and learned A.G.A. as well as keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merit of the case, the accused applicants may be released on bail.
Let applicants Radha Devi and Gaya Prasad alias Jhinguri be released on bail in the aforesaid case crime number on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
21.01.2010 Sanjay/-