Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicants that applicants are father-in-law and mother-in-law of deceased and they have not committed any offence. The marriage of son of applicants with deceased has taken place on 19.04.2019 but applicants were living separately from the deceased and her husband and they have no concern with the matrimonial life of deceased and her husband. It was submitted that only general allegations of demand of Rs.1,00,000/- have been levelled against all the three accused persons and that no specific role has been assigned to applicants. It was submitted that applicants have never demanded any dowry from the deceased or her family members. In postmortem report, the cause of death of deceased has been shown asphyxia due to ante mortem hanging and except ligature mark, no other injury has been shown on the body of deceased. It has been submitted that deceased might have committed suicide due to some dispute with her husband but applicants have been falsely implicated. It has been further submitted that applicants are senior citizens and now they are languishing in jail since 05.05.2021 having no criminal history and that in case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Jai Prakash Patwa and Nirmala Devi involved in Case Crime No.62 of 2021, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, P.S.Haldi, District Ballia, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants shall not tamper with the evidence during the trial.
2. The applicants shall not pressurize/ intimidate the prosecution witness.
3.The applicants shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.8.2021 Neeraj