Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41223 of 2021 Applicant :- Ramnarayan Yadav @ Ramayan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Facts in brief are that deceased Ranjana was wedded to Akhilesh in 2016. She was subjected to harassment for demand of dowry. On 7.02.2021, she consumed poison and taken to the hospital by her husband but died.
It is submitted that the applicants are father-in-law and mother- in-law aged about 85 and 80 years respectively. They have committed no offence. Being father-in-law and mother-in-law they have been implicated in this case by inmates of deceased after one month and 20 days from the date of occurrence on the basis of application made under Section 156(3) Cr.P.C. No any external injury was found on the person of deceased. In viscera report her death has been found to be caused with poison. There might be some dispute between husband and wife or some other reason but these applicants have never made any demand from the inmates of deceased. They are extreme old and in jail since 16.08.2021, therefore, requested for bail.
Learned A.G.A. opposed the prayer for bail and submitted that applicants are father-in-law and mother-in-law living in same house, it was their moral duty to prevent the deceased from harassment of their son, therefore, they are not entitled for bail.
Considering the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and age of the applicants and without expressing any opinion on the 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 Ramnarayan Yadav @ Ramayan and Sursati Devi involved in Case Crime No. 40 of 2021, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Bariyarpur, District Deoria, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 he is accused, or suspected of the commission of which he 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.12.2021 PS