| 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 passed this order, while hearing a criminal appeal filed by Ganga Sagar Verma, father-in-law of the deceased woman. The Criminal Appeal has been filed against the order dated November 15, 2019 passed by Additional Sessions Judge, Ballia 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 and fine of Rs 10,000 and in default of payment of fine one year, additional rigorous imprisonment under Section 304-B IPC, against which this appeal has been preferred. The Counsel for the applicants contended that appellant no. 1- Gangasagar Verma is the father-in-law of the deceased, while appellant no. 2 – Triloki Verma is the brother-in-law (Jeth) of the deceased. The wife of the appellant no. 1 has died in 1991. He saId appellant no. 1 runs a tea shop and did not live in his home and always lives in tea stall, while appellant no. 2 also lives separately from the house of the deceased and also runs a tea shop and his family lives 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 investigation, nine persons gave affidavit in favour 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 defence version supported by four defence 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 of the appellants. Now, the appellants are in jail since November 15, 2019, more one year and eight months. On the aforesaid ground, counsel for the appellants has 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. Also Read: Pegasus and the laws 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. The Court ordered that, 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 on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned. “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. |
Allahabad High Court grants bail to two persons in dowry death case
