RAM VILAS Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.412 of 2008, under Sections 304-B, 498-A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Tandiyava, District Hardoi. It is submitted that the applicant is a father-in-law against whom general allegations have been made in the F.I.R. which itself was lodged after a delay of about four days. It is said that his son used to earn his livelihood in Chandigarh where his wife was also living and about one month before the incident they had come back. It is also said that the marriage is more than seven years old which took place before eight years and after family partition the father-in-law used to live separately. It is pointed out that as mentioned in the statement of the first informant the deceased had given birth to two children but unfortunately both of them died due to which she was under mental stress and on account of that she committed suicide by bolting the door from inside as was found by the police and Magistrate on the spot as has come in the aforesaid evidence of the first informant. It is further submitted that body was properly inquested upon wherein the first informant (father) was also present and then body was handed over to the applicant who performed funeral. Till that time there was no complaint but after due consultation the report was lodged after a gap of about four days as said earlier. He is said to be in jail for the last about seven months. In the absence of any instruction learned A.G.A. is not able to say anything against the aforesaid submissions. However, the bail is opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the submissions made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Ram Vilas) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.