Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is mother-in-law of deceased and that marriage of her son with deceased has taken place five years prior to the incident and out of that marriage, they were blessed with three children. During period of said five years, no complaint was made regarding dowry demand or harassment. Learned counsel further submitted that as per postmortem report, the cause of death has been as asphyxia as a result of antemortem hanging, which clearly shows that deceased has committed suicide. It was stated that the entire family of applicant was named in the first information report and general allegations of dowry demand and harassment have been made against all the accused persons. There is no specific allegation against the applicant. It has been further submitted that the applicant is lady and she is languishing in jail since 03.12.2020, having no criminal history and that in case the applicant is released on bail, she 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 applicant has made out a case for bail. The bail application is allowed.
Let the applicant Manjul Lata involved in Case Crime No. 226 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Merapur, District Farrukhabad, 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 applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5.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 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 prosecution shall be at liberty to seek cancellation of bail in accordance with law.
Order Date :- 23.2.2021 A. Tripathi