Supplementary affidavit filed on behalf of applicants be taken on record.
Heard learned Counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicants submits that the applicants are mother-in-law and father-in-law of the deceased. There was no dispute of demand of dowry. The applicants have not harassed and tortured to the deceased. There is general allegation against the applicants. No specific role has been assigned to them. It has further been submitted that the applicants have not committed the alleged offence. There is no direct evidence against the applicants. The dead body of the deceased was also not found in the house of the applicants. The complainant has lodged an NCR under Section 498 I.P.C. in which it has been mentioned that the deceased was enticed away by some other person. It has further been submitted that the statements of complainant Jagdish (father of the deceased), Kundali (uncle of the deceased) and Lalmati (mother of the deceased) have been recorded as PW-1 to PW-3. PW-1 Jagdish in his cross-examination admitted that there was no dispute of demand of dowry. In his cross-examination he has further stated that the applicants have not committed murder of the deceased. PW-2 Kundali and PW-3 Lalmati have also not supported the prosecution version and they have been declared hostile. There is no other cogent evidence against the applicants. There is no criminal history of the applicants and they are in jail since 14.11.2015.
Per contra, learned A.G.A. opposed the prayer 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 applicants Lalmati @ Fatima and Akram involved in Case Crime No.1874 of 2015, Under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 D.P. Act, Police Station Nawabganj, District Bahraich, be released on bail on their 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 applicants will not tamper with the evidence.
2. The applicants will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicants 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 applicants.
Order Date :- 2.3.2016 Jitendra