Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51383 of 2021 Applicant :- Harish Chandra And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A for the State and perused the record.
Facts in brief are that deceased was wedded to Santosh on 10.05.2017, thereafter, on account of demand of dowry she was subjected to torture and harassment. On 09.10.2021 she died of drowning in a tank.
It is submitted that applicants are father-in-law and mother-in- law (aged about 65 years & 62 years respectively) of the deceased and have been falsely implicated in this case. They have committed no offence. Husband of the victim Santosh was suffering from brain tumour and was under treatment. His condition was so serious that he was on bed and that is why deceased became frustrated and opted for suicide by drowning. It is further submitted that when victim went away from the house, applicant (mother-in-law) informed about this fact to the family of deceased. Thereafter, on the next morning her dead body was found floating in a tank. No any demand of dowry was made nor any harassment was done by the applicants. Only under the influence of frustration caused by seriousness of the disease of her husband and his continuous treatment, she took such step. The applicants are languishing in jail since 10.10.2021 and in case they are released on bail, they will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that applicants are father-in-law and mother-in-law, so it was their moral duty to rescue the life of their daughter-in-law. On account of harassment deceased opted drowning, therefore, they are not entitled for bail.
Considering the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Harish Chandra & Gena Devi involved in Case Crime No.242 of 2021, under Sections 498A, 304B I.P.C. & 3/4 D.P. Act, Police Station Siddharth Nagar, District Siddharth Nagar, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.12.2021 Ashok Gupta