Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused-applicant-Vibhuti Harijan and Smt. Girija Devi, who are involved in Case Crime No. 189 of 2019, under Sections 498-A, 304-B, I.P.C. & 3/4 of D.P. Act, Police Station- Gagha, District- Gorakhpur.
Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in this case; that the applicants are father and mother in-laws of the deceased- Seema Devi; that the marriage of the deceased was solemnized with the son of the applicants namely Jai Prakash on 2.6.2013; that no specific role has been assigned to the applicants; there there is no independent witness of the alleged incident; that as per the allegation made in the F.I.R. the deceased had been tortured by the applicant and his family members but no such information/complaint was given to police prior to the alleged incident; that the deceased alongwith her two daughters committed suicide by pouring kerosene oil as there was some matrimonial dispute between her and her husband; that the applicants were living separately from the deceased and co-accused. Further submission is that the applicants; side had tried to save the life of daughter of the deceased. It is lastly submitted that the applicants are old persons, have no criminal history, are languishing in jail since 28.6.2019 and in case they are released on bail they will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case the accused- applicants are entitled for bail.
Let the applicants involved in the aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.4.2021 S.Verma