Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to her. In post-mortem report the cause of death could not be ascertained, therefore, viscera was preserved. In viscera report aluminium phosphate has been found to deceased. It has further been submitted that the deceased has committed suicide herself. The applicant has no concern with the alleged incident. At the time of the alleged incident the applicant was living separate from the deceased and her husband. The applicant is old lady. There is no criminal history of the applicant and she is in jail since 14.11.2015.
Per contra, learned A.G.A. opposed the prayer for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Shyam Devi @ Ramawati involved in Case Crime No.180 of 2015, Under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Umari Begum Ganj, District Gonda, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 2.3.2016 Jitendra