- (1.) Counter affidavit filed by learned A.G.A. today is taken on record.? This application has been filed seeking the release of the applicant on bail in Case Crime No. 394 of 2011, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bhatani, District Deoria. Heard learned counsel for the applicant and learned A.G.A. Perused the record. Submission of counsel for the applicant is that actually the applicant had neither indulged in any kind of ill treatment towards his wife nor had indulged in any demand of dowry. Further submission is that actually while cooking food in the kitchen, the deceased had caught fire as a result of which, she received burn injuries and died. In order to reinforce the submission, counsel for the applicant has drawn the attention of the Court to the inquest proceeding in which according to opinion of the witnesses of the inquest, the same observation or inference was drawn that the deceased had caught fire while cooking food. Counsel for the applicant has emphasized upon the fact that the first informant Rang Bahadur Rawat himself is one of the witnesses of the inquest proceeding and was a signatory to the same. Further submission is that actually after the deceased caught fire, she was rushed to the hospital by the applicant and all medical care was made available to her. It was so unfortunate that eventually after struggling for several days she succumbed to the injuries on 18.8.2011 while the incident had taken place on 9.8.2011. It was also pointed out that the applicant himself is also one of the witnesses of the inquest. The contention of the counsel is that if the applicant had any guilty mind, there was absolutely no reason for the applicant to have stayed for all this period after the incident. He could have very well absconded. It was also argued that in fact, after the inquest proceeding got over on 18.8.2011 and the deceased was cremated, there was a lot of attempt to blackmail the applicant done on behalf of the first informant. But as the applicant could not satisfy the demand of the first informant, he was ultimately implicated in this case which is wholly fabricated. It was further emphasized by the counsel that though the first informant had already arrived at the scene of occurrence and the inquest proceeding had taken place before him, still the first informant had not chosen to report the matter to the police and it was only on 25.8.2011 after several days that a wholly concocted version was cooked up about the incident. Contention is that if the first informant had any grievance or had anything substantial to speak against the applicant, there is absolutely no explanation as to why and under what circumstances he kept mum up to 25.8.2011 when he chose to file the F.I.R.. Lastly, it was argued that the applicant has already spent more than four years in jail and is languishing there since 24.8.2011. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the accused is not having any criminal history and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
(2.) Learned A.G.A. opposed the prayer for bail. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. Let the applicant-Anil Kumar Rawat involved in Case Crime No. 394 of 2011, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bhatani, District Deoria, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3.) It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.;