1. Heard learned counsel for the applicant; Sri Awadhesh Kumar, counsel for the informant; learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No.327 of 2023, registered under Sections 498-A, 304 B, 323 I.P.C., and Section 3/4 D.P. Act, P.S. Panki, District Kanpur Nagar.
3. As per F.I.R. allegation, daughter of informant was married to son of applicant in the year 2017. After marriage the applicant and her family members started to torture the deceased due to non fulfillment of dowry demand. On 29.07.2023, the applicant and other co-accused committed marpeet and assaulted the deceased with lathi and danda, as a result she died. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is mother-in-law of the deceased. It has been next submitted that when the deceased committed suicide, husband of the deceased immediately took her to the hospital where she died. The postmortem report is not supporting the prosecution case as there is no mark of external injury. The statement of independent witnesses, recorded during investigation, are not supporting the prosecution case. The witnesses have deposed that applicant and her husband were living separately with deceased. There is no evidence against the applicant to implicate her in the present case. The applicant has no criminal history. The applicant is languishing in jail since 18.04.2024. In case, the applicant is released on bail, she will not misuse the liberty of bail and co-operate in trial.
4. Learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicant.
5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant-Chanda Devi who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.