Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against four accused persons namely, Sajjan Ali, Ummat Ali, Mammo and Sahar Bano alleging that the marriage of deceased Parveen was solemnized with Sajjan Ali on 21.7.2015, they demanded dowry as four wheeler from the deceased for which the deceased was being tortured by them and on 27/28.12.2018 they killed her. According to postmortem report, cause of death could not be ascertained, viscera was preserved and according to F.S.L. report, orgenochloro insecticide (poison) was found in the body of deceased.
It is submitted by learned counsel for the applicant that applicant is the mother-in-law of deceased. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She has no concern with the demand of dowry and she is not beneficiary of the same. Applicant has no concern with deceased and her husband. She is living separately. Deceased has committed suicide herself, reason better known to her and her husband. The case of applicant is distinguishable from co-accused Sajjan Ali (husband of deceased). She is languishing in jail since 21.9.2019 (near about two months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mammu @ Mammo involved in Case Crime No. 729 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Nanpara, District Bahraich be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 26.11.2019 shravan