- (1.)THE petitioner facing the charges under section 498-A and Section 304B of lPC for dowry death has applied for bail. The petitioner is the brother of the husband of the deceased who is also a co-accused. The third accused is the sister of the petitioner who was already released on bail. Ms. Kantharia states that the husband is still in custody right from the date of his arrest and that main allegations are against the husband. Though the application for bail preferred by this accused was rejected by the Sessions Court on 22nd September 1997, the learned APP could not point out the material against the petitioner to continue his custody. The date of incident is 21st August 1997 and he came to the house subsequently after the incident was over.
(2.)IN the circumstances, the petitioner deserves to be released on bail. Hence, the petitioner is directed to be released on bail in the sum of Rs.5,000/- with one or two sureties on the condition that he shall not threaten the witnesses and shall report to the police whenever required.