Allahabad Jul 23 (ILNS): The Allahabad High Court has granted bail to the father-in-law and brother-in-law of a woman, who was allegedly murdered for dowry in 1991.
A Single-Judge Bench of Justice Syed Altab Husain Rizvi directed,” let the appellant- Gangasagar Verma and Triloki Verma, convicted in Sessions court arising out of Case under Sections 498-A, 304-B IPC & 3/4 Dowry Prohibition Act, Police Station – Sahatwar, District – Ballia be released on bail.”
The court directed both the accused to furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.
The Appeal was filed against the order passed by Additional Sessions Judge, Ballia on November 15, 2019, in a case registered under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station Sahatwar, District Ballia.
The maximum sentence awarded in this appeal is 10 years of rigorous imprisonment(RI) and fine of Rs 10,000 and in default of payment of fine one year, additional RI under Section 304-B IPC, against which this appeal was filed.
The Counsel for the applicants contended that Gangasagar Verma (appellant 1) is the father-in-law of the deceased, while Triloki Verma (appellant no.2) is the brother-in-law (Jeth) of the deceased. The wife of appellant no. 1 died in 1991.
He said appellant no. 1 runs a tea shop and did not live in his home and used to live in a tea stall, while appellant no. 2 also lived separately from the house of the deceased and also runs a tea shop and his family lived in a cottage situated beside the tea shop.
The general allegation has been made against the accused in the FIR and has been alleged that a motorcycle was demanded, the appellants cannot be the beneficiary of the same. The medical report indicated that it was a case of suicide due to hanging. During the investigation, nine persons gave affidavits in favor of appellants that at the time of the incident, they were not present on the spot.
The Counsel for the applicants submitted that the Trial Court failed to appreciate the defense version supported by four defense witnesses.
It was further submitted that appellants were on bail during trial and have not misused the liberty of bail and there is no other criminal history against them. Now, the appellants are in jail since November 15, 2019, for more than one year and eight months and prayed for bail.
The Additional Government Advocate opposed the bail application and submitted that the marriage was solemnized on June 1, 2017, and the incident took place on September 15, 2017, three months after the marriage and there are general allegations of demand of one motorcycle and harassment.
The accused-appellants were on bail during trial and have not misused the liberty of bail and are in jail since November 15, 2019.
Considering the rival contention of the parties, facts, and circumstances of the case, evidence, and other materials available on record, in the opinion of the Court, a case for bail is made out, the Court said.
“On acceptance of bail bonds and personal bonds, the lower court concerned shall transmit photostat copies thereof to the Court for being kept on the record. It is clarified that realization of the fine shall not remain stayed,” the order said./ILNS/SNG