Heard learned counsel for the applicant, learned A.G.A. and perused the record. Rejoinder affidavit is taken on record.
After marriage Smt. Manju was being harassed and teased for demand of a motor cycle and a coloured T.V. and due to non fulfillment of the said demand, her dowry death was committed on 16.4.2010.
The learned counsel for the applicant argued that the applicant is the father in law of the deceased and had nothing to do with the demand of motor cycle and T.V. Moreover, he is living in a separate house. During investigation the statement of Ramesh Kumar Tiwari and Ramji were recorded in which they had stated that on the date of occurrence an altercation had taken between the husband and wife and thereafter she committed suicide by setting herself on fire. It was also argued that the accused applicant is in jail since 8.5.2010.
I considered over the matter. The applicant is not the direct beneficiary of the demand of dowry. I feel that a case for bail is made out.
Let the accused-applicant Ram Sagar Tewari be released on bail in case crime no. 193 of 2010, under sections 498-A/304-B I.P.C. and ¾ Dowry Prohibition Act, P.S. Fakharpur, District Bahraich, on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned on following conditions that:
1.The accused shall attend the court in accordance with the conditions of the bond executed by him.
2.He shall not commit any offence similar to the offence of which he is accused.
3.He 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 him from disclosing such facts to the court or to any police officer.
4.He will not temper with the evidence.
5.The applicant shall not seek any adjournment when the prosecution witnesses are present.
In case any condition is violated the courts concerned shall inform the High Court so that necessary steps may be taken for the cancellation of the bail.
Order Date :- 7.2.2011 Sh