Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant(s), Raj Pal Singh Parihar @ Mantoley, who is involved in Case Crime No. 71 of 2020, under Sections 498A, 304B I.P.C. and Section 3/4 D.P.Act P.S.- Sahason, District- Etawah.
Learned counsel for the applicant(s) in support of his prayer for bail submits that death of deceased was accidental due to leakage of gas. The applicant also made effort to save the life of deceased in which his hands were also scorched. Before death deceased was also admitted in the hospital by the applicant. Moreover there is no demand of dowry. The informant was also present at the time of inquest report and also participated in the cremation.
Learned A.G.A vehemently opposed the contentions made by the learned counsel for the applicant and contended that diesel was found by the Investigating Officer at the place of occurrence and it cannot be said to be a unnatural death as averred in the bail application.
As per the F.I.R case, it is a case of dowry death in which demand of motor-cycle is alleged. In the postmortem report of the deceased which is Annexure-3 of the affidavit, cause of death is shock as result of antemortem burning and in antemortem burning is shown superficial burn, whole body except part of both lower limb. Annexure-5 is the medico-legal report of deceased Sudha while she was admitted in the hospital which reveals that Sudha was admitted in the hospital by husband Raj Pal Singh Parihar @ Mantoley. Annexure-6 is the G.D, from the perusal of the same it reveals that I.O has made entry in the G.D that when he reached on the spot he saw Raj Pal Singh Parihar, applicant whose hands were scorched from elbow to palm and even his face was also scorched.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Raj Pal Singh Parihar @ Mantoley, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 22.1.2021 PS