Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7169 of 2018 Applicant :- Rajesh Gond And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Rajesh Gond and Anita in connection with Case Crime No.1825 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali, District Ballia.
Heard Sri Sunil Kumar Singh, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicants is that the applicant no. 1 is brother-in-law (Jeth) while applicant no. 2 is sister-in-law (Jethani) respectively; that there are general allegations with no specific role assigned to the applicants; that the applicants are living separately of the deceased and her husband as stated in paragraph nos. 10 and 11; that the deceased committed suicide on account of issues between the husband and wife after a quarrel in the background that marriage between the parties was not of the deceased's choice as said in paragraph no. 12 of the affidavit; that there has never been a demand of dowry or cruelty in connection with dowry demand preceding the occurrence as mentioned in paragraph nos. 14 and 15 of the affidavit; that cause of death is unabetted suicide, a fact corroborated by the medico legal evidence which shows as asserted in paragraph no. 6 and reflected from annexure no. 3 to the affidavit (PMR); that death was as a result of Asphyxia on account of ante-mortem hanging; and, that the applicants are respectable persons with no criminal history who are in jail since 23.10.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. As such, the applicants are not entitled to bail. However, learned AGA does not dispute the fact that there are general allegations against the applicants.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicants to the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Rajesh Gond and Anita involved in Case Crime No. 1825 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali, District Ballia be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.2.2018 Deepak