Om Prakash-VII, J.
1. Learned counsel for the applicant has provided copy of complete bail application, certifying it to be true copy, to the learned A.G.A. today itself in the Court. If any fact or document has been suppressed on part of the applicant, it will be open for the State / informant to move bail cancellation application.
2. Heard Sri Anil Srivastava, learned senior advocate assisted by Sri R.B. Singh, learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.
3. It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. No prima facie case is made out against the applicant. Cause of death of the deceased is ante-mortem hanging. She was issue-less. Due to this reason, she committed suicide herself. First information report was lodged on the basis of false facts. At no point of time, applicant raised any sort of dowry demand nor caused any cruelty, torture or harassment in connection with the said demand. Referring to the contents of the F.I.R., it is further argued that none of the ingredients of the offence under section 306 IPC is available in this matter. Applicant is languishing in jail since 29.9.2021 having no criminal antecedents. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
4. On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail.
5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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.
6. The bail application is allowed.
7. Let the applicant Tinku involved in Case Crime No.107 of 2021 under Sections 498-A, 306 IPC, Police Station Jagner, District - Agra be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.